For every 1000 babies born in the US this year, it is estimated that 5 of them will suffer injury during birth.
While statistics show the rate of potentially avoidable birth injuries dropping significantly in recent years, it is a tragedy when it’s your baby who was injured due to improper care. While there are times when birth injuries are unavoidable, it often requires the help of trained experts to determine whether or not there was negligent fault involved.
Most Common Birth Injuries Occur Due To:
- Improper use of birth-assisting tools such as a vacuum or forceps
- Failure to properly detect and treat fetal distress, typically by misreading important signs such as fetal heart rate, biophysical profile, non-stress tests or the umbilical artery Doppler chart.
- Failure to schedule an induction and/or emergency C-section
- Failure to diagnose or manage the mother’s serious medical conditions (i.e. placental abruption, uterine rupture, cholestasis of pregnancy, preeclampsia, gestational diabetes, etc)
Birth Injuries Due to Negligence
Birth injuries are considered to be negligent if they’re due to a medical practitioner using an improper medical technique, improperly using a medical device, or unnecessarily delaying needed care. The most common and most serious injuries result from trauma to the baby’s head and due to lack of oxygen. The most common resulting conditions are:
- Cerebral palsy
- Erb’s palsy
- Brachial plexus palsy
- Brain damage
- Spinal cord damage
- Facial paralysis
Litigating birth injury cases (an area of medical malpractice) is perhaps the most complicated and difficult area of personal injury law for many reasons. It is very important that when you do seek legal assistance, you choose a law firm with a record of successfully handling such cases. There are may out-of-state firms that advertise their services for this area of law, but you would do well to seek experienced local counsel to be there for you and your family when dealing with this emotionally taxing situation. Every case is unique. Therefore, results vary. You may be able to help you obtain financial compensation for the following:
- Past and future medical expenses
- Pain and suffering
- Disability and disfigurement
- Loss of normal life and future earnings
The personal injury attorneys at The Ruth Law Team have 35 years of experience handling complicated birth injury cases and have even successfully argued cases in front of the state Supreme Court on behalf of our clients. If you’re concerned your child may have suffered unnecessary injury or trauma during or shortly after the birth process, please contact us today and speak directly with a lawyer who will take the time to answer all of your questions, advise you about available legal remedies, and even undertake an investigation to determine the extent of damage and negligence if necessary. There is no upfront cost to you for any of this. We’re only paid if we make a financial recovery for you.