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Birth Injury Lawyer

Injury Lawyer Team > Birth Injury Lawyer
birth injury lawyer

Birth Injury Lawyer

Birth injuries are devastating for victims and their families. These injuries can result in lifelong disabilities, including cerebral palsy, and can devastate the quality of life.

In many cases, a child’s birth injury results from medical negligence, such as failure to adequately monitor fetal distress or failure to respond promptly to birth complications.

If you or your child suffered a birth injury, it is essential to know that you are not alone. Our experienced personal injury attorneys at the Injury Lawyer Team, sponsored By Rosenfeld Law Offices, can fight for the compensation you deserve for your child’s injury.

Contact a birth injury attorney today for a free case review in birth injury lawsuits. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Families Affected By A Birth-Related Injury

Birth injuries can be devastating for both the child and the parents. While some birth injuries are due to congenital defects or natural complications, others result from medical negligence.

One of the most common of the many birth injuries is cerebral palsy. A condition caused by damage to the brain during birth occurs when the fetus is distressed and the doctor fails to promptly perform a C-section. As a result, the child may have paralysis, seizures, and developmental delays.

Other frequently occurring birth injuries include Erb’s palsy (damage to the nerves in the arm) and shoulder dystocia (when the shoulder becomes stuck during delivery). While some birth injuries can be treated with surgery or physical therapy, others may lead to lifelong disability.

You may be entitled to compensation if your child has suffered a birth injury due to a medical provider’s negligence. Contact our birth injury lawyers for a free consultation.

Why Birth Injuries Happen?

A birth injury is an injury that occurs to a baby during the process of birth. A child’s birth injury can range in severity from mild to life-threatening. Some frequently occurring birth injuries include cerebral palsy, brain damage, and brachial plexus palsy.

In many cases, these birth injuries result from medical malpractice on the provider’s part. When a doctor or other healthcare professional fails to provide appropriate care during the labor and delivery process, it can lead to severe injuries for the child.

Birth injuries can occur during labor and delivery due to medical malpractice, such as when a provider fails to recognize signs of fetal distress or causes excessive force during delivery. Proper care is not taken, resulting in common birth injuries such as cerebral (neurological) palsy, brain damage, and brachial plexus birth palsy.

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Birth Injury Statistics In America

Birth injuries are a type of severe medical condition that can occur when a baby is born. These injuries can happen due to many factors, such as genetic, environmental problems, or socioeconomic circumstances.

According to the National Institutes of Health (NIH), around 7 out of 1,000 babies in the US will have a birth injury. Data show that birth injuries are surprisingly common and can sometimes be caused by medical negligence.

Statistics for frequent birth injuries include:

  • Fractured collarbone –The most common birth injury is a broken collarbone, which occurs in as many as 15 out of 1,000 live births. If the brain is injured at birth, it can lead to neurological palsy.
  • Spinal cord injuries: Medical providers using forceps and other tools lead to many severe birth injuries, including damage to the spinal cord or surrounding nerves. Data reveals that about 1 out of 1000 births in America each year involve spinal injuries.
  • Cerebral palsy is the most common childhood motor disability, and it occurs in 1.5 to 4 children per every 1,000 births.
  • Erb’s palsy is another birth injury that limits arm, shoulder, and hand use. Approximately 12,000 babies born each year develop this palsy due to an injury at birth.

Birth injuries are severe medical conditions that can have lifelong implications for the victims and their families. Genetic, environmental, and socioeconomic factors, along with medical malpractice, all play a role in causing birth injuries.

Contact a birth injury lawyer from our legal team for help with birth injury cases.

Causes of Birth Injuries

The dangers of birth are many and varied. Some may be due to a baby’s size or position during labor, while others result from injuries sustained after delivery when the baby’s head and neck are pulled or stretched. Many birth injuries, however, are caused by medical negligence during the birthing process.

Medical negligence can occur in many ways but are mainly the result of a lack of proper care. It may be that the attending physician fails to identify and treat an underlying condition, increasing the risks of complications during labor and delivery.

In other cases, it may be that the medical team uses excessive force or fails to properly monitor the baby’s vital signs during delivery, resulting in traumatic injuries. The most frequent birth injuries include cerebral palsy, brain damage, and brachial plexus palsy.

These conditions can profoundly affect a child’s life, causing lifelong disability and requiring significant medical care and treatment:

  • Delayed birth: About 8% of pregnant women in the US will experience a “delayed” or “prolonged” labor. In these cases, contractions may be weaker than usual or stop altogether for a while, causing the fetal head to misshapen and increasing brain damage risk.
  • Failure to progress: In some cases, labor may stall and fail to progress despite strong contractions, known as “dystocia.” If this occurs, it may be necessary to use medical interventions such as vacuum extraction or forceps to assist in the delivery.

However, if these devices are not used properly, they can cause serious injuries, including skull fractures, cerebral (neurological) palsy, and brain damage.

  • Oxygen deprivation: One of the most common and potentially devastating labor and delivery complications is oxygen deprivation, or “fetal distress.” The baby does not receive enough oxygen during the birthing process.

Oxygen deprivation can cause many injuries, including brain damage, cerebral (neurological) palsy, and developmental delays.

  • Improper use of delivery tools: Obstetricians and other medical professionals may use various tools to assist in the delivery of a baby, including forceps, vacuum extractors, and episiotomy scissors.

If these devices are not used properly, they can cause serious injuries, including lacerations, nerve damage, and skull fractures.

  • Excessive force is often used during delivery to hasten the process. However, this can result in severe injuries to the baby, including broken bones, nerve damage, and brain damage.
  • Improper monitoring: One of the most important aspects of labor and delivery is monitoring the baby’s vital signs, allowing medical staff to identify potential problems and take steps to prevent them from becoming serious. However, severe injuries can occur if the baby’s vital signs are not appropriately monitored.

If you suspect that you or your loved ones have suffered from the negligence of a medical professional, contact a caring birth injury attorney from our legal team for counsel.

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Health Complications Resulting From Birth Injuries

brachial plexus injury at birth

The birth of a child is supposed to be a joyous occasion. But when something goes wrong during labor and the delivery, it can result in life-long health complications for the child. One common type of birth injury is cerebral palsy.

This condition is caused by damage to the brain, and it can lead to severe health problems, including:

  • Muscle issues: Cerebral (neurological) palsy can cause muscle weakness, tightness, or paralysis, making it difficult for the child to move, walk, or even eat.
  • Breathing problems: The muscles used for breathing can be affected by cerebral (neurological) palsy, leading to difficulty breathing and an increased risk of respiratory infections.
  • Intellectual disability: Cerebral (neurological) palsy can cause cognitive impairments, leading to developmental delays.
  • Seizures: Seizures are a common complication of cerebral (neurological) palsy. They can range from mild to severe and can be unpredictable.
  • Heart problems: Cerebral (neurological) palsy can strain the heart and lead to heart failure or arrhythmias (irregular heartbeats).

Brachial Plexus Birth Palsy

Brachial plexus paralysis is a condition that can result from a significant injury to the brachial nerves. The most common type of this palsy is called Erb’s Plexopathy or birth-related weakness.

These birth injury conditions occur during childbirth and cause loss of muscle control over parts of the arm, including muscles used for grabbing things with one hand while holding onto something else with another; it also affects movement below shoulder level (the “acromion” area).

Injuries to the brachial plexus, also known as “stingers” or burners in children, are common. These occur during birth when babies sustain minor injuries that can be either inflammatory related or often come from happening too quickly after delivery without fully developed nerves controlling muscle movement.

Cerebral palsy

Cerebral palsy (CP) is a group of permanent movement disorders in early childhood. Signs and symptoms vary among people with CP but often include impaired muscle coordination (spasticity) when moving, stiff or weak muscles, and tremors.

There may also be vision, hearing, eating, and talking problems. The brain injury that causes cerebral (neurological) palsy often occurs before or during childbirth. In rare cases, it may happen during the first few months after birth or after a head injury later in childhood.

Most children with CP are born healthy. The disorder is not contagious and cannot be passed down from parents to their offspring. Despite significant medical advances, there is currently no cure for CP. However, treatments and therapies can improve a child’s abilities and quality of life.

Intellectual Disability

Intellectual disability (ID), formerly called mental retardation, is a condition characterized by significant limitations both in intellectual functioning (reasoning, learning, problem-solving) and in adaptive behavior, which covers a range of everyday social and practical skills.

This disorder begins during the developmental period, typically before age 18. While there is no single cause of intellectual disability, it is often caused by genetic abnormalities or problems during pregnancy or delivery.

Other causes include exposure to toxins such as lead or mercury, infections such as meningitis or encephalitis, or severe malnutrition. Intellectual disability can also be caused by brain injury after birth, such as a head injury or infection.

Erb’s Palsy

Erb’s palsy conditions are birth injury cases similar to brachial plexus injuries occurring when the nerves around the shoulder are damaged. When the baby’s shoulder becomes stuck in the birthing canal (shoulder dystocia) in childbirth, the nerve damage can cause paralysis or weakness in the affected arm.

In some cases, this palsy is caused by medical negligence, when the doctor uses too much force when delivering the baby. If you believe that a medical professional’s negligence caused your child’s palsy, you may be able to file a lawsuit through a birth injury lawyer.

Spinal Cord Damage

Spinal cord damage can occur during childbirth in the following instances:

  • The baby’s head and neck are forced into an abnormal position
  • The baby is too large for the birth canal
  • There are problems with the placenta or umbilical cord
  • The doctor uses too much force when delivering the baby

The damage can cause paralysis or other problems with movement and sensation. If you believe that the negligence of medical professionals caused your child’s spinal cord damage, you may be able to file a malpractice lawsuit.

Contact a birth injury lawyer to assist you with legal counsel.

Brain Damage

Brain damage can occur during childbirth if the baby’s brain is deprived of oxygen when:

  • The baby’s head is stuck in the birthing canal for too long
  • There are problems with the placenta or umbilical cord
  • The doctor uses too much force when delivering the baby

Brain injuries can cause various problems, including cerebral (neurological) palsy, intellectual disability, and seizures. If you believe that the negligence of medical professionals caused your child’s brain injury, you may be able to file a malpractice lawsuit using a birth injury attorney.

The Injury Lawyer Team, sponsored by Rosenfeld Law Offices, has experienced birth injury attorneys that can assist you in filling a lawsuit. Each birth injury lawyer is a professional in medical malpractice lawsuits.

Hearing Loss

Hearing loss can occur during childbirth when:

  • The baby’s head and neck are forced into an abnormal position
  • The baby is too large for the birth canal
  • There are problems with the placenta or umbilical cord
  • The doctor uses too much force when delivering the baby
  • Exposure to loud noise during pregnancy or delivery, such as from a vacuum extractor

If you believe that a medical professional’s negligence caused your child’s hearing loss, you may be able to file a malpractice lawsuit through one of our birth injury attorneys.

Vision Loss

Vision problems occur during childbirth when:

  • The baby’s head and neck are forced into an abnormal position
  • The baby is too large for the birth canal
  • There are problems with the placenta or umbilical cord
  • The doctor uses too much force when delivering the baby
  • Exposure to bright light during pregnancy or delivery, such as from a flash photograph.

If you believe that the negligence of a medical professional caused your child’s vision problems, you may be able to file a medical malpractice lawsuit. Contact a birth injury lawyer on our legal team today for a free case evaluation.

Cleft Lip And Cleft Palate

Cleft lip and palate are birth defects when the parts of the baby’s face do not fuse properly. A cleft lip is a split in the upper lip, and a cleft palate is a split in the roof of the mouth.

Cleft lip and palate can be caused by various factors, including genetic abnormalities and exposure to certain toxins or infections during pregnancy.

Do you believe that the negligence of medical professionals caused your child’s cleft lip or cleft palate? You may be able to file a malpractice lawsuit using our birth injury lawyers.

Cleft Lip And Cleft Palate

Prenatal infections are infections that occur during pregnancy. They can be caused by bacteria, viruses, or parasites and can be passed from the mother to the child through the placenta. These infections can cause various health problems, including premature labor, low birth weight, and birth defects.

If you believe that the negligence of health care providers caused your child’s prenatal infection, contact a birth injury attorney to determine if you can file a medical malpractice lawsuit.

Fetal Distress

Fetal distress is when the baby is not getting enough oxygen during pregnancy. Fetal distress can be caused by various factors, including umbilical cord compression, placental abruption, or fetal anemia.

The distress can lead to cerebral (neurological) palsy, intellectual disability, and seizures.

Fetal distress failure occurs when the medical staff fails to recognize or monitor that the baby is not receiving enough oxygen and is another form of medical negligence.

Filing A Birth Injury Lawsuit

If you or your child has been injured at birth, don’t hesitate to contact experienced birth injury lawyers to help you through the legal process. With their help, you can get the justice and compensation you deserve.

Filing a birth injury lawsuit can be a complicated process, but with the help of our experienced attorneys, you can hold those responsible for the birth injury financially accountable.

Here is an essential guide on how to file a birth injury lawsuit:

  • Gather Evidence: You will need to gather evidence to prove that your birth injury resulted from a medical professional’s negligence, including medical records, witness testimonies, and expert testimony.
  • File a Complaint and Send a Demand Letter: Once you have gathered all of your evidence, your attorney will file a complaint against the party responsible for your injury. They will also send a demand letter outlining the compensation you seek, starting the legal process and the search for justice.
  • Engage in Settlement Negotiations: The next step is to engage in settlement negotiations with the responsible party, their insurance company, or defense lawyers. Your attorney will conduct numerous negotiation meetings to resolve the case through a settlement at a monetary amount you approve. Your case will go to trial if an agreement regarding a settlement is reached.
  • Go to Court: If the party responsible for your injury does not settle out of court, you will have to take your case to trial.

Our many birth injury lawyers work with a team of leading experts in their field, such as doctors and law authorities, to investigate and assist with preparing cases.

Birth Injury Lawyers Holding Health Care Professionals Legally Accountable

Many families are affected by the negligence of healthcare professionals failing to follow established protocols, leading to birth-related medical malpractice. These medical errors often lead to a preventable birth injury diagnosis.

These preventable birth injuries caused by the negligence of health care providers can cause a lifetime of suffering, resulting in astronomical future medical expenses and other economic damages. If your family has suffered due to the careless error of a healthcare professional, you may be entitled to compensation through a birth injury lawsuit.

An experienced birth injury attorney from our law offices can determine the value of your case based on your child’s injuries and any future potential birth injuries like cerebral palsy-related problems that could develop during childhood.

Proving Your Birth Injury Case

With the help of a birth injury lawyer, you must prove how the negligent party caused your child’s birth injury under civil tort law. To do this, you will need to prove the elements of any personal injury case, including:

  • Duty: The first element that must be established is whether or not the health care provider had a duty to the patient. The breach of this duty is judged against the prevailing professional standard of care for similar cases.

In general, all licensed healthcare providers are obligated to their patients to provide treatment within the scope of their practice and not cause them foreseeable harm.

  • Professional Standard of Care: The courts will generally defer to the relevant professional community to establish what constitutes the professional standard of care for a particular type of healthcare provider.

The professional standard of care is usually defined as what a reasonably careful and competent health care provider would do under similar circumstances.

  • Breach: A breach of the duty occurs when the health care provider fails to provide treatment within the prevailing professional standard of care.
  • Injury: The breach of the duty must have resulted in an actual injury to the patient, meaning that some type of physical or psychological harm must have occurred.
  • Damages: The injury suffered by the patient must have resulted in some type of measurable damage, such as:
  • Physical pain and suffering
  • Mental anguish
  • Loss of earnings or lifetime earning capacity
  • Medical expenses incurred as a result of the injury
  • Other economic damages

You have a strong compensation case if you can prove these elements. However, it is essential to remember that each birth injury case is unique, and you should always consult with an experienced attorney to get the best results.

Data reveals that approximately 95% of all personal injury cases, including birth injuries, are resolved through a negotiated settlement. Only a tiny fractional remaining 5% ever goes to trial, and these cases favor the defendant.

Contact our birth injury attorneys to discuss home to discuss how the baby’s doctors failed to avoid a preventable birth injury.

Legal Recourse For Deceased Family Members

Several legal options are available for the deceased family members who lost a loved one from medical malpractice.

One option is to file a wrongful death lawsuit against the doctor or hospital responsible for the death using a professional birth injury lawyer. Another option is to file a medical malpractice case against the doctor or hospital accountable for the death.

Our birth injury lawyers file medical malpractice lawsuits and birth injury claims for our clients who lost their trial through a birth injury. How much compensation settled in birth injury lawsuits will be based on the medical error and the value of other birth injury cases like yours.

Financial Compensation

These cases typically provide financial compensation that covers:

  • Funeral and burial expenses
  • Hospital bills
  • Emergency room expenses
  • Non-economic damages including the families grief, anxiety, and mental distress
  • Loss of companionship or consortium
  • The child’s pain and suffering before passing away
  • Punitive damages if the doctor or hospital’s behavior was incredibly reckless

Immediate family members who lost a child through a birth injury can file a civil lawsuit, including parents, children, grandparents, and in some cases, siblings.

If you’ve lost a loved one due to medical malpractice, we understand that no amount of money can replace your loss. However, filing a birth injury lawsuit can help hold the responsible parties accountable and ensure they are liable for the medical provider’s negligence.

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Hire A Personal Injury Lawyer To Resolve A Birth Injury Case

Has your child suffered a birth injury as the result of medical malpractice? Did the doctor or nursing staff fail to provide proper medical care to avoid a permanent birth injury?

An experienced birth injury lawyer from Injury Lawyer Team, sponsored by Rosenfeld Law Offices, can file a birth injury claim on your behalf. We have years of experience in birth injury cases like yours and will use the testimony of medical experts to ensure a successful outcome.

Contingency “No Win, No Fee” Guarantee

Each birth injury lawyer will accept all cases on a contingency fee basis. Our birth injury lawyers’ cost is postponed until your medical malpractice case is resolved through a negotiated settlement or jury award.

Contact us today to schedule a free consultation and free case review. We can assist you in seeking the financial compensation you deserve for your child’s injury.

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