Having a new baby is one of the happiest moments in the life of every new parent, and most of the time, parents leave the hospital with a beautiful, bouncing bundle of joy. When a newborn experiences a birth injury, however, the situation can be very different. Such injuries are extremely difficult and painful for both the newborn baby and the child’s parents. While some birth injuries cannot be avoided, others are a byproduct of medical negligence on the part of the hospital or medical staff.
What Are Birth Injuries?
Birth injuries are those injuries that an infant and/or the delivering mother experience right before, during, or after the birthing process. Some such injuries are unavoidable, but some are the result of negligent medical care. When a birth injury is determined to have been caused by medical neglect, the medical facility or healthcare provider can be found responsible for a variety of the damages you suffer:
Your resulting medical expenses, including ongoing expenses
- Your pain and suffering
- Your child’s resulting disability
- Your child’s resulting disfigurement
Birth injuries are often so complex and overwhelming that it can be difficult to adequately assess exactly how extensive the losses associated with such an injury are. Birth injuries can be caused by negligence on the part of any member of the involved medical team and can even be the result of the medical facility’s negligence.
If you or your newborn child suffered a birth injury that you believe was caused by medical negligence, you are no doubt distraught and at a loss for how best to proceed. Help, however, is available. The experienced legal team at Brauns Law in Duluth, Georgia, understands how emotionally overwhelming these claims are, and we have the skill, dedication, and compassion to aggressively fight for your rights and for your rightful compensation.
Common Birth Injuries
Every birth injury claim is unique, but there are several newborn conditions that are commonly associated with such claims:
- Swelling of the scalp or head
- Facial paralysis
- Hemorrhage or blood clot
- Injury to the brachial plexus (weakness or loss of movement in the hand, arm, or shoulder)
- Partial palsy of the lower brachial plexus (Dejerine-Klumpke palsy)
- Birth asphyxia, which can lead to fetal stroke
- Strangulation or injury that’s caused by the umbilical cord
- Spinal cord damage;
- Brain injury caused by lack of oxygen
- Cerebral palsy (a disorder of posture, muscle tone, and/or movement)
- Cephalohematoma (a pooling of the blood under the scalp);
- Fractured bone
- Palsy of the arm (Erb’s palsy)
- Shoulder dystocia, which is a risk factor for both the mother and fetus caused by a fetal shoulder obstruction that results in a long, difficult, and dangerous birth
Medical professionals owe their patients a duty of care, and when they fail to provide the necessary standard of care, it can be medical negligence. In other words, medical professionals owe you at least that level of care that most medical professionals would routinely provide under similar circumstances. During childbirth, for instance, your obstetrician should adhere to the medical protocols that their reasonably prudent peers would typically adhere to in a similar birthing situation.
Birth Injuries and Responsibility
Birth injuries are always difficult and are often exceedingly serious. Additionally, the overarching negative consequences of such injuries are usually permanent. When a birth injury is caused by a medical professional’s negligence, that negligence can be factored into legal accountability. Further, the hospital itself can be found legally responsible or sharing in legal responsibility due to corporate negligence. Even the pharmaceutical company, in fact, can shoulder full or partial responsibility for a birth injury.
Medical Professionals and Negligence
Any medical professional—from your nurses to your attendant doctor (and other medical personnel)—who provides you with care during the delivery process can contribute to a birth injury through negligence. Hospitals and other birthing facilities have the further responsibility of ensuring that they hire adequately accredited and trained staff to provide medical care at a standard that meets all necessary industry regulations. In the end, the responsibility for a birth injury claim can filter throughout the medical organization, and determining exactly where such responsibility lies is frequently a complicated and exacting process.
Preparing to welcome a new child into your family is one of life’s sweetest gifts, and while no birth is risk free, you have every right to expect that each member of your birthing team will perform in accordance with the medical industry’s regulations and standards. If you or your newborn child suffer a birth injury, it can turn this joyous occasion into a tragedy that reverberates permanently within your family.
Your Birth Injury Claim
Both you and your unborn child deserve high quality medical attention that meets modern medical standards. If the medical treatment you receive fails to reach this level of care, you and/or your newborn could suffer irreparable harm. If your child is born with a birth injury, the potential negative consequences are so great that you need experienced legal counsel.
As overwhelmingly difficult as birth injuries are, it is in both your child’s and your family’s best interest to seek legal help as quickly as you can. Birth injury claims are complicated, but your rights and your rightful compensation matter. By seeking immediate legal guidance, you allow your experienced birth injury attorney to get down to the important work of collecting critical evidence, interviewing the medical team responsible for your birthing process, consulting with medical experts, and pinpointing negligence in your unique claim.
If Your Child Has Suffered a Birth Injury, Seek Skilled Legal Counsel at Brauns Law
If you or your child have suffered a birth injury, you need experienced legal counsel. At Brauns Law, Personal Injury Firm, in Duluth, Georgia, we have the experience, commitment, and compassion to aggressively advocate for you, your rights, and your just compensation. Birth injuries are excruciatingly emotional, and our experienced legal team understands how difficult this is for you. Please allow us to help by contacting or calling us at (404) 205-8614 today for a free consultation.