Birth Injury

A birth injury is a physical injury to a baby that occurs during the birthing process. Birth injury may also be referred to as a birth trauma. Some examples of birth injury conditions are brachial palsy, bruising/forceps marks, cephalohematoma, facial paralysis due to pressure on the baby’s face causing facial nerve damage, fractures, or the breakage of small blood vessels in the infant’s eyes. Birth injury incidents can often be prevented through proper prenatal care and monitoring. The occurrence of a birth injury is much more rare today, due to improved prenatal testing, but the chance of a birth injury still exists, and injuries can be sustained during delivery, although steps to minimize serious birth injury such as cerebral palsy should always be taken. In some cases, the baby sustains a birth injury due to improper techniques, resulting in nerve damage or oxygen deprivation.

A devastating birth injury like cerebral palsy occurs when the brain is damaged before or during birth. Such a birth injury may be the result of improper medical responses to fetal distress. In order to prevent birth injury, hospitals should use a fetal monitor that tracks the heart rate and responses to contractions. Birth injury can occur if the doctor fails to recognize and respond to distress. Children sustaining a birth injury may be only slightly affected, or may suffer permanent damage. A more serious birth injury, such as Erb’s palsy or encephalopathy, can result in paralysis or mental retardation. If the birth injury results from the negligence of the medical staff, then the doctor/hospital should be held responsible. Birth injury costs can include emergency surgery, long term care and treatment, medication, etc. Children with birth injury conditions may never be capable of caring for themselves, and the expense of treating a birth injury and achieving the best possible quality of life can be quite high. Additionally, a birth injury is a traumatic, devastating even for the entire family, and parents of a child with a birth injury may be entitled to compensation for the emotional and psychological distress they suffer.

When a birth injury occurs through the negligence or poor judgment of medical professionals, the family living with the birth injury may have many questions about their legal rights. An attorney experienced in birth injury cases may be able to help explain how to decide if the birth injury could have been prevented with proper medical attention.

The Center for Shoulder Dystocia Information represents attorneys throughout the United States providing information and legal advice for victims.

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