- Oxygen deprivation, which can occur when the umbilical cord is compressed or twisted in the birth process or when the newborn chokes on it's own meconium (fecal material comprising the first feces of the newborn, which can be released either just prior or just after birth);
- Mechanical trauma when an unusual position is adopted by the baby at the time of delivery or when the baby is too large to readily pass through the birth canal, as frequently occurs, with diabetic mothers;
- Mistakes made by any of the numerous participants on the delivery team. These mistakes can occur prior to delivery, at the time of delivery or immediately after delivery. They include events the use of excessive force or improper rotational force in the delivery process, delaying the performing of a cesarean section (C-section) delivery during fetal distress, failure of a midwife to seek the assistance of an obstetrician, and improper intubation (insertion of a tube) of a newborn requiring oxygen which results in hypoxia (insufficient amounts of oxygen reaching body tissue).
- Improper or incomplete pre-natal testing/monitoring that can result in a medical team unprepared for a difficult delivery. These include conditions such as a high birth weight baby (over 9 pounds), peculiarities relating to the size and shape of the mother’s pelvis, and an improperly positioned fetus, all of which can be detected through the use of a sonogram.
While thankfully none of these
scenarios necessarily means that
there will be a birth injury, they
complicate the labor and delivery
process, providing a statistically
greater probability of occurrence.
In most cases a baby with a birth
injury will make a full recovery.
When circumstance are such that a
full recovery does not occur
however, birth injuries can be
devastating, frequently causing
debilitating injuries for the
newborn which can last a lifetime.
The most common birth injuries are
cerebral palsy, oxygen deprivation,
mental retardation, Erb’s Palsy,
Klumpke’s Palsy and Brachial Plexus
injuries.
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Causes of Cerebral Palsy
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Types of Cerebral Palsy
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Causes of Erb's Palsy
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Types of Erb's Palsy
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Treatment of Erb's Palsy
The ability to file a medical malpractice claim when birth injuries are of a permanent nature provides the possibility for both the newborn and its family to recover monetary damages for:
- Past and future medical expenses;
- Past and future loss of earnings;
- The cost of future care (i.e., aides, devices, counseling, physical therapy, tutoring)
- Conscious pain and suffering
- Loss of services
If you feel your child suffers from a birth injury and wish to bring legal action to compensate your child for their physical and emotional damages, please call us and ask for Partner Ted Oshman, or contact us online.
