Law Offices of Christian A. Lodowski

Birth Injury

What is a Birth Injury?

A birth injury is when the newborn baby suffers some sort of physical injury or trauma during the birth process. For example, Brachial Palsy occurs when the nerves that handle the arms and hands of child are injured. This can also be referred to as shoulder dystocia. The injury can cause swelling around the injured area and prevent the child from moving their arms. Typically this injury will actually heal on its own within weeks or months after the birth. After the injury has healed the child should be able to move their arms again. Permanently complications are possible if the injury is more severe. An example of a more severe case of birth injury would be cerebral palsy.

Possible Causes of Birth Injury

Birth injuries can be caused by the size of the child, medical complications or even medical negligence. Newborn babies that are larger than average may be at a higher risk for birth injuries. Premature babies are also at a higher risk level of having a birth injury. If the mother has cephalopelvic disproportion the baby may need to be born from a c-section. Failure to recognize certain birth complications could also lead to birth injury. If the child does not receive enough oxygen they may have brain damage and develop cerebral palsy.

Birth injury accounts for less than 2% of newborn deaths in the US. There are approximately 8 injuries for every 1000 successful births. Typically birth injuries are not severe and do not cause long term injury. However there are some birth injuries that not only permanently injure the child they may also have been totally avoidable. Doctors and medical professionals are required to provide a level of acceptable care to their patients. If this level of care was not upheld, they may have committed medical malpractice. If your child has incurred a birth injury you should speak to a qualified medical malpractice lawyer. Your lawyer and a team of medical experts will investigate your case to find out the answers to why the injury has taken place. If your doctor was negligent you may be entitled to significant financial compensation.

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