Birth Injury FAQs

1. What are the most common types of birth injury?

2. What causes a birth injury?

3. What should I do if I suspect medical negligence caused my child’s birth injury?

4. My child was diagnosed with a birth injury called Cerebral Palsy. What is and what causes cerebral palsy?

5. What are other types of birth injury?

6. What is the difference between a birth defect and a birth injury?

1. What are the most common types of birth injury?

• Cerebral palsy
• Erb's palsy / brachial plexus injuries
• Shoulder dystocia
• Brain injury caused by improper use of vacuum extractors
• Untreated jaundice

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2. What causes a birth injury?
A birth injury may be due to improper responses by the doctor or anyone on the medical team. These responses are usually related to unforeseen circumstances, such as a larger baby than expected, an unexpected shift in baby's position, and other unexpected complications, which may include:

• Bleeding, distress, or lack of oxygen experienced by mother or infant
• Umbilical cord entrapment or compression
• Delay in decision to do cesarean section
• Use / misuse of vacuum extractor and forceps
• Delay in recognizing or treating Infections

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3. What should I do if I suspect medical negligence caused my child’s birth injury?
As soon as you suspect that negligence may be the cause of the birth injury in your baby, you should contact an experienced birth injury attorney at Oshman & Mirisola, LLP. It is necessary to gather facts and evidence early. There are several tools that birth injury attorneys use to prove that an injury was caused by negligence or carelessness. An experienced attorney will closely observe and investigate every aspect of your pregnancy and childbirth. He or she will carefully study the medical records, including neonatal records, the fetal heart monitor and strip, newborn records, and your labor and delivery records. Also, copies of imaging studies performed on the child, including ultrasounds, CT scans, or MRIs of the head should be carefully studied. Any deviation from the standard of care is a good indication that negligence has occurred. 

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4. My child was diagnosed with a birth injury called Cerebral Palsy. What is and what causes cerebral palsy?
Cerebral palsy is a condition involving a group of disorders that affects the child's ability to control his or her own movement. Cerebral palsy results from injury to the cerebrum (the largest portion of the brain, involved with higher mental faculties, sensations, and voluntary muscle activities). It can be caused by injury to the brain before, during, or after birth. 

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5. What are other types of birth injury?
Other types of birth injuries include: 

• Fractures - fractures of the clavicle or collarbone are most common 
• Intracranial hemorrhage - bleeding in the baby's head 
• Spinal cord trauma 
• Cephalohematoma - an area of bleeding beneath the scalp, which can lead to jaundice 
• Cranial nerve trauma 
• Swelling, bleeding, bruising, or discoloration of the scalp 
• Depressed skull fractures 
• Bruising/forceps marks 
• Facial paralysis 
• Temporary body paralysis 
• Group B strep infections 
• Spasticity - a condition in which certain muscles are continuously contracted 
• Soft tissue injuries 
• Skin irritation

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6. What is the difference between a birth defect and a birth injury? 
Birth injuries are generally caused by something that went wrong during child delivery itself, while birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy. 

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7. Should I hire a lawyer to help with a birth injury claim?
Yes. Contacting or hiring an attorney does not necessarily mean you are suing anyone. However, it is a good idea to do this if you feel you have a case. We will be able to assess your case in the first meeting and advise you of your rights and options for litigating the case. Contact us today.

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For more information, please see our Birth Injury Page

Contact us online through our FREE personal injury evaluation form if you have any questions about your claim.

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