The birth of a child is a cherished moment filled with hope and anticipation. Sometimes, delivery problems can cause issues. These issues may lead to birth defects or physical injuries. They can also create emotional distress for the baby and their family.
Some common types of birth injuries are cerebral palsy, Erb’s palsy, Klumpke’s palsy, brain damage, and stillbirth.
Understanding the causes and effects of these birth injuries is crucial for affected families. It helps them make smart choices about getting legal help and support for their child’s well-being.
When medical professionals fail to meet the required standard of care resulting in birth injuries, it is essential to hold them accountable and ensure justice for the child and their affected family.
If you believe your child has suffered a birth injury due to medical negligence, consult with a reputable personal injury attorney experienced in birth injury cases. These lawyers can help you with the legal process. They will fight for your rights and seek compensation. This includes money for medical bills, ongoing care, rehabilitation, emotional distress, and other damages from the birth injury.Birth Injuries
Cerebral Palsy-Birth Injuries
Cerebral palsy is a neurological disorder that can impair muscle coordination and body movement and can result in paralysis as well as other disabilities, including cognitive and intellectual deficits. It often results from an injury to the brain that occurs during labor, during delivery, or shortly after birth. Factors such as oxygen deprivation, trauma, or infection can contribute to the development of cerebral palsy. While the exact causes may vary, it is often the result of medical negligence during the labor and delivery process.
Cerebral palsy can have a devastating impact on the child and family. Children afflicted with this condition can have extensive care requirements that can be costly and time-consuming. As children with cerebral palsy enter adulthood, the extraordinary needs required because of their disabilities can become more involved and complicated. The disabilities often result in a diminution in the person’s earning capacity or even a total loss of ability to work. The assistance and medical needs because of the disabilities can last for the person’s entire life and may warrant the expenditure of extensive resources. People who suffer such injuries commonly experience a profound loss of enjoyment of life as compared to what they would have had.Birth Injuries
Nerve Injuries: Erb’s Palsy and Klumpke’s Palsy
Erb’s palsy and Klumpke’s palsy are injuries that affect the nerves in a newborn’s upper arm, or entire arm and hand, causing weakness or permanent paralysis.
Erb’s Palsy:
Erb’s palsy, or Erb-Duchenne palsy, is a condition caused by damage to the brachial plexus nerves. These nerves control movement and feeling in the shoulder, arm, and hand. Shoulder dystocia happens when a baby’s shoulder gets stuck in the birth canal during delivery. This often occurs because healthcare providers do not respond properly. Using too much force or pressure during shoulder dystocia can harm the brachial plexus. Not using the right maneuvers with forceps or other tools can also lead to permanent nerve damage.Birth Injuries
Symptoms of Erb’s palsy may include:
- Weakness or paralysis in the affected arm
- Loss of sensation in the arm, hand, or fingers
- Lack of muscle control or coordination
- Limited range of motion in the shoulder or arm
Klumpke’s Palsy:
Klumpke’s palsy, also known as Dejerine-Klumpke palsy, is a rarer form of brachial plexus injury that affects the nerves in the lower part of the brachial plexus. Like Erb’s palsy, it can occur when excessive force is applied to the baby’s head or neck, leading to nerve damage.Birth Injuries
Symptoms of Klumpke’s palsy may include:
- Weakness or paralysis in the hand and forearm
- Claw-like hand deformity
- Difficulty with gripping objects
- Lack of muscle control in the affected hand
Stillbirth:
Stillbirth refers to the loss of a baby before birth, typically after the 20th week of pregnancy. It is a tragic event that can leave parents in deep grief and shock. The causes of stillbirth can vary and may include:
- Placental problems: Issues with the placenta, like placental abruption or insufficiency, can limit the baby’s oxygen and nutrients.
- Infections: Some infections can increase the risk of stillbirth. This includes bacterial infections and viral infections like cytomegalovirus (CMV) and toxoplasmosis.
- Pregnancy complications: Conditions like preeclampsia, gestational diabetes, or umbilical cord abnormalities can increase the likelihood of stillbirth.
Legal Options and Seeking Justice
When a birth injury or death occurs due to medical negligence or substandard care, families have the right to seek justice for their child’s suffering. Hiring a skilled personal injury lawyer at KDLM can help families understand their legal choices after experiencing birth trauma.
Medical Negligence or Malpractice Claims
To establish a medical malpractice claim, the following elements need to be proven:
- Departure from the standards of care: The healthcare provider failed to render diagnosis, care and/or treatment in conformity with good and accepted medical practice standards.
- Causation: The healthcare provider’s departure from the standards of care was a substantial contributing factor to injury.
- Damages: The harm suffered by the newborn, which may include pain and suffering, mental anguish, medical expenses, psychological care and long-term care costs. The parent of the child can also seek damages for certain aspects of their own losses.Birth Injuries
New York State Medical Indemnity Fund
In New York, children that sustain neurological injuries due to medical negligence around the time of their birth are entitled to have their future healthcare costs paid for by a fund that was created by the State of New York in 2011. Entry into the fund requires either a verdict or a settlement for birth-related neurologic injuries in favor of the child against a responsible healthcare provider. In addition to the healthcare costs covered by the fund, the healthcare provider may be required to provide compensation for the child’s physical and mental pain and suffering, as well as lost earnings.
Laws regarding medical malpractice vary by jurisdiction. Consult with one of our expert attorneys who can assess the details of your case and guide you as parents or guardians through the legal process. An attorney can help build a strong case on behalf of the newborn and his or her family, and pursue full compensation for the injuries sustained.Birth Injuries