1. What are the most common types of birth injury?
- Cerebral
palsy
- Erb's
palsy / Brachial plexus injuries (Neuroma,
Rupture, Avulsion)
- Brain
injury caused by improper use of vacuum
extractors or forceps
- Untreated
jaundice
- Shoulder
dystocia
- Stillbirth
- Seizures
- Meconium
aspiration
- Fetal
distress
- Excessive
bleeding
2. My
child was diagnosed with a birth injury called
Cerebral Palsy. What is and what causes cerebral
palsy?
Cerebral palsy is a condition involving a group of
disorders that affects the child's ability to
control his or her own movement. Cerebral palsy
results from injury to the cerebrum (the largest
portion of the brain, involved with higher mental
faculties, sensations, and voluntary muscle
activities). It can be caused by injury to the brain
before, during, or after birth.
3. My child was diagnosed with Erbs Palsy, or
Brachial Plexus Palsy. Can this be the result of
medical malpractice?
Any excess stress to the baby's neck during delivery
may result in injuries child's nerves. This can
result in paralysis of the arm, causing it to be
limp or dysfunctional. Injuries such as these are
classified by severity. Avulsion rupture is when the
nerves are torn away at the area of the spine.
Neuroma is when the nerves are torn, but during the
healing process, scar tissue has formed. This can
result in the disabling of the arm. A rupture occurs
when the nerves tear at other locations.
4. What are the most common instances of medical
negligence in a birth injury case?
The most common examples of medical negligence are
related to improper responses by the doctor or
anyone on the medical team. These responses are
usually related to circumstances such as a larger
baby than expected, an unexpected shift in baby's
position, and other unexpected complications, which
may include:
- Bleeding,
distress, or lack of oxygen experienced by
mother or infant
- Umbilical
cord entrapment or compression
- Long
labor
- Breech
- Fetal
distress
- Delay
in decision to do cesarean section
- Use
/ misuse of vacuum extractor or forceps
- Delay
in recognizing or treating Infections, bacterial
meningitis and viral encephalitis
- Excessive
water retention and weight gain by mother
- Shoulder
dystocia (shoulder becomes caught and baby has
difficulty breathing)
- Inadequate
medical care during pregnancy
5.
What could the doctor have done in order to deliver
the baby properly?
- The
physician can perform a Cesarean section to
remove the baby surgically in order to avoid a
difficult vaginal delivery
- The
physician can attempt to relieve the shoulder
dystocia (trapped shoulder) by performing a
Woods and/or a McRoberts maneuver.
- The
physician can perform a vaginal delivery with an
episiotomy.
6.
What factors would suggest that my child's Cerebral
Palsy was the result of medical malpractice?
- Poor
APGAR scores
- Low
umbilical cord blood gases
- Blue
skin color
- Meconium
(fecal matter) on the baby's body or in the
amniotic fluid after delivery
- Seizures
within the first few days after birth
- Placing
a full-term baby in the Intensive Care Unit
(NICU)
- An
emergency Cesarean Section (C-Section)
- Floppy
baby (poor muscle tone and/or poor sucking
response)
- Baby
needs resuscitation after birth
- Baby
is not delivered within 24 hours of water
breaking
7.
What should I do if I suspect medical negligence
caused my child's birth injury?
As soon as you suspect that negligence may be the
cause of the birth injury in your baby, you should
contact Scott C. Gottlieb. It is necessary to gather
facts and evidence early. There is a statute of
limitations for filing medical malpractice claims,
so do not delay. Contact us today.
8. How do I know if my doctor's negligence caused my
child's birth injury?
There are several tools that birth injury attorneys
use to prove that an injury was caused by negligence
or carelessness. An experienced attorney will
closely observe and investigate every aspect of your
pregnancy and childbirth. He or she will carefully
study the medical records, including neonatal
records, the fetal heart monitor strip, newborn
records, and your labor and delivery records. Also,
copies of imaging studies performed on the child,
including ultrasounds, CT scans, or MRIs of the head
should be carefully studied. Any deviation from the
standard of care is an indication that negligence
has occurred. Scott C. Gottlieb has experience in
these types of cases and how to investigate them.
Contact us today to discuss your case.
9. What are other types of birth injuries?
Other types of birth injuries include:
- Fractures
- fractures of the clavicle or collarbone are
most common
- Intracranial
hemorrhage - bleeding in the baby's head
- Spinal
cord trauma
- Cephalohematoma
- an area of bleeding beneath the scalp, which
can lead to jaundice
- Cranial
nerve trauma
- Swelling,
bleeding, bruising, or discoloration of the
scalp
- Depressed
skull fractures
- Bruising/forceps
marks
- Facial
paralysis
- Temporary
body paralysis
- Group
B strep infections
- Spasticity
- a condition in which certain muscles are
continuously contracted
- Soft
tissue injuries
- Skin
irritation
10.
What is the difference between a birth defect and a
birth injury?
Birth injuries are generally caused by something
that went wrong during child delivery itself, while
birth defects usually involve harm to a baby that
arose prior to birth, due to something that happened
during or before the pregnancy.
11.
Should I hire a lawyer to help with a birth injury
claim?
Yes. Contacting or hiring an attorney does not
necessarily mean you are suing anyone. However, it
is a good idea to do this if you feel you have a
case. Scott C. Gottlieb will be able to assess your
case in the first meeting and advise you of your
rights and options for litigating the case. Contact
us today.
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