Pregnancy, childbirth, and infant care are complex and delicate processes to manage. If doctors, hospitals, and other healthcare professionals fail to adhere to the standard of care, the consequences can be devastating for you and your child. Improper medical technique, improper use of a medical device, a lack of oxygen, delayed decision making, or other deviations from the standard of medical care may result in a birth injury. Unfortunately, there are many types of musculoskeletal and neurological conditions caused by a birth injury. It is important to properly diagnosis your child’s condition and determine if the injury was due to negligence, how to hold negligent parties accountable, and how to secure the future for your child so they can receive the best medical care possible to treat their condition.

The group of disorders known as cerebral palsy impairs an individual’s movement, muscle tone and posture. Cerebral palsy can be caused during child birth. A lack of oxygen or other trauma can occur when a baby is in the womb, during the process of childbirth, or sometime following birth. Four main types of cerebral palsy exist: Spastic Cerebral Palsy; Dyskinetic Cerebral Palsy, Ataxic Cerebral Palsy, and Mixed Cerebral Palsy. There are instances when cerebral palsy is avoidable and caused as the result of an action or inaction by a healthcare professional. An experienced birth injury lawyer, with appropriate medical experts, are needed to evaluate the cause(s) of cerebral palsy.

Erb’s palsy is a disorder that results in the paralysis of a baby’s arm. A group of nerves located between the neck and shoulder, known as the brachial plexus, supply muscle control to various parts of the upper body. Erb’s palsy occurs when a specific portion of the brachial plexus is stretch or ruptured. Babies who suffer from erb’s palsy may experience loss of sensation, limited movement, or complete paralysis of an arm. The injury that causes erb’s palsy often occurs during the process of delivery when a doctor applies excessive pressure to a baby’s neck or shoulders. Often, the injury occurs to large babies who get stuck in the birth canal. An experienced birth injury lawyer, with appropriate medical experts, are needed to evaluate the cause(s) of erb’s palsy.

The brachial plexus is a complex group of nerves located between a person’s neck and shoulders. This network of nerves controls feeling sensation and muscle function in the body’s upper limbs including the chest, shoulders, arms, and hands. If an excessive amount of pressure is applied to an infant’s neck or shoulders, the brachial plexus nerves can be stretched, torn, detached from the spinal cord, or compressed. Conditions caused by a brachial plexus injury include: Erb’s Palsy, Horner’s Syndrome, Klumpke’s Palsy, and Total Plexus Involvement. An injury to the brachial plexus nerves most frequently occurs at child birth, when a physician does not adhere to the standard of care before delivery or during the delivery process. An experienced birth injury lawyer with appropriate medical experts are needed to evaluate the cause(s) of a brachial plexus injury.

A baby may suffer a brain injury while in the womb, during delivery, or following childbirth. The brain is particularly susceptible to injury during childbirth if healthcare professionals do not adhere to the proper standards of care. The symptoms of a brain injury suffered at birth may not be immediately evident and can range from impaired cognitive function to lack of muscle control. A brain injury may be the result of lack of oxygen to the brain, trauma to the head, or an undiagnosed maternal infection. Lack of oxygen may be caused by unaddressed, but correctable, umbilical cord issues. Trauma to the baby’s head during childbirth can produce brain bleeds or swelling of the brain. Various bacterial infections and parasites that go undiagnosed in the mother may lead to a baby’s brain injury as well. An experienced birth injury lawyer with appropriate medical experts are needed to evaluate the cause(s) of brain injuries.

When a child suffers a birth injury, it often occurs during the delivery process. During delivery, a fetal monitor is used to track a baby’s heart rate and identify potential fetal distress. If warnings from a fetal monitor are misread or ignored, the consequences to the baby can be dire. A doctor may decide to use a medical device to aid in the delivery process. Misuse of devices such as forceps or vacuum pump extractors can lead to birth injuries including skull fracture, eye damage, scalp wounds, and facial paralysis. Doctors may elect to use medication to induce labor. If medications are not administered properly, it can cause injury to the baby. Shoulder dystocia is a medical emergency that can occur during delivery when a baby’s shoulder becomes stuck against the mother’s pelvic bone. If shoulder dystocia is not addressed properly, a baby can suffer severe physical injuries. During delivery, a baby’s umbilical cord can prolapse through an open cervix and move in front of the baby’s head while going through the birth canal. The pressure this places on the umbilical cord can severely deprive the baby of oxygen during delivery. If an umbilical cord prolapse is not properly addressed, the baby can suffer many serious injuries due to loss of oxygen. An experienced birth injury lawyer with appropriate medical experts are needed to evaluate the cause(s) of injuries that occur during delivery.

Obstetricians and other medical care providers should have expectant mothers undergo a series of tests and screenings at various milestones during pregnancy. If a doctor fails to properly test, diagnose, or treat a medical condition during pregnancy; a baby may suffer injury while still in the womb. Prenatal injuries can be caused by maternal infections, undiagnosed physical abnormalities in the fetus, and other mistreated medical conditions in the mother. Viruses, bacteria, parasites, and fungi that are present in expectant mothers can cause injury to a baby. Standard screenings and proper medical intervention can identify infectious diseases that may be present in the mother to help protect the baby during pregnancy and child birth. Ultrasounds and other tests should be used to identify and manage physical issues such as fetal macrosomia and medical emergencies such as placental abruption. An experienced birth injury lawyer with appropriate medical experts are needed to evaluate if a birth injury was caused by negligent prenatal care.

Settlement for Child with Cerebral Palsy Valued at Over $10 Million

Attorneys Laraine Kelley and Joe Manna recently obtained a settlement valued at over $10,000,000 for a child injured at birth. The birth injury caused the child to suffer brain damage, which resulted in cerebral palsy. Click the following link to read details of the case as well as information on when cerebral palsy is preventable, how long a negligence court case involving cerebral palsy may take, and the importance of a settlement to cover medical expenses a person will endure throughout their life.

Birth Injury Law Special Alert