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A medical professional has made a mistake that has harmed your newborn. You’re likely wondering:
Our experienced personal injury lawyers are prepared to answer all of your questions during this difficult time.
Most parents worry quite a bit about the future of their children but the last thing on their minds is that their child will sustain an injury during delivery that may change their future forever.
Each year, physicians, nurses, and other medical professionals make mistakes that cause serious injuries to their patients. It’s bad enough when an adult is injured but when a newborn comes into the world with injuries that could have been prevented, it’s nothing short of a tragedy.
When this medical malpractice occurs, the parents of the injured baby have the right to take steps to obtain the compensation that will help them create a brighter future for their child. Aided by the representation of a birth injury lawyer, compensation can be obtained by filing a civil lawsuit against the medical professional and hospital whose negligence caused the injury.
It goes without saying that incredible care should be taken when handling newborns. This is due to the fact that, since they are at such an early stage of development and growth, they are vulnerable to many types of injuries and trauma.
When health professionals are negligent in their duty to uphold the accepted standards of care in their field, traumatic birth injuries such as the following can often be the result.
Every one of us possesses a bundle of nerves that extend from the neck down into the arm. These nerves are known as the brachial plexus, and they help to control not only our shoulders but also the arm and hand.
During difficult deliveries, obstetricians may attempt to manipulate a newborn within the birth canal. In the process, they may also pull on their shoulders, arms, or even their heads. If excessive force is used during these maneuvers, it can result in the manifestation of a brachial plexus injury at birth.
You may be aware of the fact that nerves in our body do not heal like other injuries such as a bone fracture do. This means that any damage that occurs during birth to the brachial plexus bundle of nerves will likely remain throughout the remainder of the victim’s life.
Persons who suffer brachial plexus injuries at birth can experience permanent weakness in their arm. In some extreme cases, complete paralysis of the limb may result. A plexus lawsuit can often be the only way for these permanently injured victims to find justice.
Erb’s paralysis, or palsy, results when babies suffer injuries during delivery to their upper brachial plexus. Erb’s manifests as weakness in the arm. A newborn with Erb’s may be able to move their fingers but show difficulty moving their shoulder.
In some cases, the Erb’s palsy may improve or even correct with daily physical exercise. However, in the most extreme cases, the paralysis due to the birth trauma will be permanent.
Cerebral palsy is the term used to describe a condition in which the tissue in the brain develops abnormally. As a result, the individuals suffering from this ailment will often possess motor impairment which can significantly affect the way in which they move, if they are able to move at all.
As our brains control just about everything we do, the loss of function due to the tissue damage may not necessarily be limited to muscle movement. It can be as mild as learning disabilities or as severe as breathing problems.
Cerebral palsy is not a single condition, nor is it caused exclusively by trauma suffered at birth. However, if your child has been diagnosed with cerebral palsy following a particularly difficult or laborious delivery, then you may want to contact our cerebral palsy attorneys to find out more about your options.
The skin and bones of a newborn are extremely fragile and fractures happen all too often. In fact, 1 in 50 babies are born with a broken clavicle and while the bone often heals without complication, the fracture can also damage tendons and nerves near the point of break.
Pressure on the facial nerve can occur during delivery, especially when forceps are used. This can damage the nerve and result in loss of the ability to voluntarily move the facial muscles.
A C-section is typically performed when a doctor has identified that the child or mother’s life is in danger and they need to be delivered as soon as possible, or when a medical condition has been identified that complicate labor and delivery. However, if a c-section isn’t performed in time or incorrectly, both mother and child may suffer as a result.
These are just a few examples of the injuries that a newborn may sustain if a medical professional makes a mistake.
Parents who have experienced a traumatic birth which has left their newborn with a permanent injury rarely consider filing an injury lawsuit as their first option. However, the legal route may be the only way for the victims and those who will have to take care of them for the rest of their lives to receive any kind of financial assistance.
Birth injury lawsuits can provide the plaintiffs with significant compensation for the following, among other types of damages:
While there is no sum of money that can ever change the past, the compensation that can be obtained through a lawsuit can provide the victims this trauma with a much brighter future.
Each medical malpractice lawsuit is different from the last, as are the actual losses that have been suffered by the plaintiff. Any compensation that is obtained through a legal complaint is intended to cover those losses, which is why it is impossible to estimate how much a case is worth until it has been carefully reviewed.
Call our local law offices today to have one of our experienced medical malpractice lawyers review your case for free and without obligation. Once armed with the relevant information, you will be able to make the right choice for yourself and your family.
Lawsuits can take a substantial amount of time to reach a conclusion. However, don’t let this deter you from moving forward.
The majority of time is spent during the discovery phase. In this pahse, our birth injury attorneys will investigate and collect evidence that will support your claim. Examples of the types of evidence we may collect includes:
Once a strong case has been built, our legal team will then either negotiate a proper settlement on your behalf or fight aggressively for your rights in court.
Learn more about your potential for compensation and the strength of your birth injury claim by contacting our team today via the form on this page or by calling our 24/7 helpline.
Additional Resources
For more information regarding the cases handled by our law firm, visit the following page: https://justiceguardians.com/vacation-injuries/
