Legal Definition of Birth Injury

Many babies suffer minor injuries during the birthing process. Most of these wounds heal on their own without treatment. In other cases, prompt and proper treatment can help treat birth injuries – so it`s important to see a doctor as soon as you suspect an injury. Another devastating birth-related disease is hereditary paralysis, which usually involves nerve damage to the shoulder and neck area sustained at the end of a long and difficult birth of a large baby. That is, hereditary paralysis is caused by the doctor when the child is removed from the uterus in an unusual or rough way. Having a Pribanic & Pribanic Injury lawyer by your side sends a clear message: Although birth injuries are generally defined as an injury that occurs during labor or delivery, a birth injury claim may be available if a baby suffers harm as a result of prenatal care by a doctor. If a prescription drug taken under the direction and care of a doctor or pharmacist causes injury to a baby, a birth injury claim can be filed against the doctor or pharmacist, as well as the manufacturer of the drug. Working with an experienced birth injury lawyer can help your family get justice and hold the hospital that gave birth to your child responsible for their negligent care. The seat position occurs when a baby`s buttocks or legs are positioned so that it first descends into the birth canal. Attempting vaginal delivery when a baby is breech increases the risk of traumatic birth injuries, such as brain hemorrhage and spinal cord fractures.

In addition, other complications such as prolapse or compression of the umbilical cord can cause oxygen starvation and serious injury. Most experts recommend cesarean delivery for all types of breech positions, as it is the safest method of delivery and prevents birth trauma and other injuries (6). Contact Reiter & Walsh ABC Law Centers to begin your free case evaluation. Our award-winning congenital trauma lawyers are available to speak to you 24/7. The spine sends signals to the brain that allow it to control the limbs of the body. A spinal cord injury can interrupt these signals and affect your child`s sense of touch and ability to move. Spinal cord injuries usually occur when a doctor pulls a baby`s spine too much during delivery. Regardless of when the injury is discovered, birth injuries are often diagnosed with a series of tests to examine which parts of the body are affected. Many babies suffer minor injuries during childbirth that do not require treatment and often heal on their own within days or weeks.

Some birth injuries can lead to more serious complications, resulting in disability for the rest of your child`s life. It is very important that prenatal care is thorough, including frequent ultrasounds and other tests. Medical providers should offer testing to identify potential risk factors for birth injuries, such as umbilical cord problems, fetal growth problems (IUGR), or maternal diseases (see below). If these problems are detected early, birth injuries can often be prevented. Conditions that can be associated with a difficult delivery include: Different risk factors and types of brain damage can lead to different types of birth injuries. Each type of birth injury can have different causes and symptoms depending on the case. A birth injury describes any type of harm caused to a baby before, during, or shortly after birth. If you find yourself in this unfortunate situation, Weitz & Luxenberg`s lawyers, who specialize in birth injury cases, will be happy to help you. Do not hesitate to contact us for more information. Newborn cephalohematoma occurs due to an accumulation of ruptured blood vessels in the tissue covering the skull.

Many cases of this type of birth injury are able to heal on their own. By definition, a birth injury occurs when the baby suffers some form of preventable trauma, usually during the birthing process itself. Often, birth injuries result from the use of mechanical devices such as tweezers or vacuum extractors to support birth or oxygen starvation for the child. Obstetricians are prosecuted more often than doctors in other specialties and pay the highest insurance premiums. Unsurprisingly, while cell phones have given nearly every parent the ability to record their baby`s birth for posterity, cameras are banned in many delivery rooms, in part to minimize potential liability issues for birth injuries. If the birth injury occurred due to a prescription drug, a birth injury claim may be filed against the drug manufacturer. In general, the duty of the manufacturer of the drug to the consumer is to ensure that the drug is reasonably safe when used as intended. Under the product liability theory, if the pharmaceutical manufacturer does not adequately warn a physician of the dangers of a drug, the manufacturer could be held liable for the lack of warning. Since a manufacturer`s primary duty is to the doctor and the physician is an intermediary between the manufacturer and the patient, it can sometimes be difficult to successfully sue a drug manufacturer for a birth injury. Birth trauma caused by abuse of tweezers and vacuum extractor can lead to hypoxic-ischemic encephalopathy (HIE), seizures, and cerebral palsy. During labor and delivery, babies come into contact with the mother`s birth canal, which means they are exposed to the mother`s bacteria and viruses.

Many strains of bacteria and viruses are harmless, but not all. Health care professionals should test for certain types of maternal infections during prenatal care. If these infections are not properly identified and treated (with antibiotics or antiviral drugs), they can penetrate and infect the baby`s brain (encephalitis), the membranes surrounding the brain and spinal cord (meningitis) or the lungs (pneumonia). Click here to learn more about neonatal infections. While not all of the following symptoms are a conclusive indication that your child has suffered an injury at birth, they can serve as an important sign that some form of harm may have occurred during birth. Families of children injured at birth often need financial assistance to pay for their child`s health care. If a family does not have access to quality care and adequate medical care, the risk of developing complications due to their condition is higher. Some doctors may use vacuum extractors to help remove a child who is stuck in the birth canal during delivery.

Taking folic acid supplements can also reduce the risk of neural tube defects in children, which can lead to serious birth injuries such as spina bifida and anencephaly. Other delivery room situations and errors that increase the risk of birth injury include: The term “birth injury” can be used in two different ways: Hypoxic-ischemic encephalopathy (HIE) occurs when a child suffers from a lack of oxygen (hypoxia) and blood flow (ischemia) during birth.

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