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Birth Injuries

A significant number of children born in the United States each year are born with a birth injury. Usually these problems occur in the womb or during the developmental process. But there are a relatively small number of babies who suffer birth injuries needlessly. Their injuries were caused by a medical mistake, usually during labor, in which the baby’s brain did not get enough oxygen or other nutrients and is damaged.

Why Families File a Case

If the injury is minor, some of these children may recover quickly and on their own, but other children and their families may face severe problems, ranging from mental retardation to paralysis. These families will know a lifetime of emotional and physical challenges while encountering huge medical bills for therapy, surgeries, medications, nursing and attendant care, and special education services.

Some children may never be able to care for themselves, and these families will have to cope with staggering costs to provide their children long-term security and a significant quality of life.

In addition to the huge dollar costs a family will now encounter in order to provide their child with the care and assistance he or she needs, the family also will pay a tremendous emotional cost. Unless these families are able to afford the necessary resources for the care of their child, they will live under extreme stress and time-limiting boundaries as they provide 24/7 care to their severely disabled child.

Common Causes of Birth Injuries

Birth injuries can be caused during pregnancy, labor, delivery, or just after birth. They may be caused by an avoidable medical error or by the negligence of a doctor, midwife, nurse, anesthesiologist, clinic, hospital or HMO, in which case you may have a claim against one or more of them.

Some common causes or results of birth injuries are:

• oxygen deprivation probably caused by the placenta or umbilical cord;
• the baby being allowed to remain in the birth canal too long;
• a delay in ordering a caesarian section;
• poor use of vacuum extractors or forceps;
• delay in treating  a baby’s developing lack of oxygen (fetal distress);
• abrupted placenta, where the placenta separates from the wall of the womb causing the mother severe bleeding, which causes the baby to suffer severe blood loss.
• failure to diagnosis or properly treat seizures after delivery;
• failure to treat the mother for toxemia, high blood pressure or diabetes;
• Meconium Aspiration Syndrome, in which the baby chokes on its own meconium (fecal matter) and amniotic fluid.

Though we understand that this is an excruciatingly difficult time for you, please be aware that it is critical that an investigation into the facts of the case be undertaken as soon as possible if you are considering filing a lawsuit. This is necessary to preserve evidence, to get information while memories are fresh, and to avoid losing your right to bring a lawsuit.

There are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. It is in your best interest to speak to an attorney as soon as possible.

Reasons To File A Case

You not only deserve to be compensated for your pain and suffering and the loss of enjoyment of life, but, most importantly, you deserve to be free from your new financial hardships. Payment for your baby’s birth injury is often critical to your and your family’s future.

Yet in most cases you will face an army of lawyers, an entire department at an insurance company, and the resources of a mega-corporation fighting against you to avoid providing you the money you desperately need. In other words, their whole focus is to avoid claims or to settle with you for the least amount of money possible.

If your child has suffered a birth injury due to a medical mistake or negligence by an individual or company, contact us for a free consultation.