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Birth Injuries

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What is a Birth Injury?

Birth injury cases are extremely complex in terms of both the legal complications involved but also because of the very stressful and emotional experience that parents and family go through. A birth injury can occur whenever a baby is injured before, during or shortly after birth. Injury can result from many different circumstances but common complaints are of skin irritation, fractured bones, brain injury and nerve damage. One of the most common forms of medical negligence is cerebral palsy.

While any number of injuries may occur during the birthing process. A number of specific conditions are well described. Brachial plexus palsy occurs in 0.4 to 5.1 infants per 1000 live birth. Head trauma during delivery can lead to a number of conditions include: caput succedaneum, cephalohematoma, subgaleal hemorrhage, subdural hemorrhage, subarachnoid hemorrhage, epidural hemorrhage, and intraventricular hemorrhage.

The most common fracture during delivery is that of the clavicle (0.5%). Birth injuries can result from vacuum extraction and the use of forceps.

Do You Have a Birth Injury Case?

Our Chicago birth injury lawyers are experienced and knowledgeable. Our Chicago lawyers may be able to represent your birth injury case. Contact our Chicago law firm today, to find out if you have a birth injury case!

Erb’s Palsy is the cause for a significant amount of all Brachial Plexus birth injuries. Brachial Plexus is the nerve fibers running from the spine through the neck which controls the movement of the hands, arms and shoulders. It many times occurs when a doctor is negligent causing the upper Brachial Plexus muscles in shoulders and elbows to be injured. This type of injury is usually caused during negligent delivery by a physician.

This type of injury is caused by many factors. Most of them occur when doctors fail to do the following:

  • To obtain obstetrical history of the mother;
  • Improper use of pressure on the stomach or forceps are vacuum extractor are used;
  • Not performing a caesarean section when there is a high risk in delivery;
  • Improper or unqualified medical staff;
  • The size of the fetus was not properly evaluated by ultrasound; and
  • The doctor fails to check for Gestational diabetes during pregnancy.

Cerebral Palsy can be a Birth Injury Caused by a Physician’s Negligence

When a child is born with cerebral palsy, we secure an attorney with 20-30 years of experience in this area.

Cerebral Palsy is a group of permanent disorders associated with brain injuries which occur during the fetal birth or shortly after birth. It is disruption of motor skills. Sometimes the symptoms are paralysis or seizures. The severity of cerebral palsy depends upon the section of the brain affected. It is usually a result of inadequate blood flow to the brain, or inadequate oxygen to the brain tissue. This has happened when there is a misreading of the fetal monitoring equipment or failure to diagnosis fetal distress during labor when a c-section should have been performed.

Cerebral Palsy is the result of brain damage during pregnancy and can be caused by a physician’s negligence as follows:

  • Kidney and urinary tract infections;
  • Drug or alcohol use during pregnancy;
  • Oxygen shortage to the brain is severely low at the time of birth;
  • Untreated jaundice;
  • Infection during pregnancy;
  • Prolonged bleeding in the infant’s brain;
  • Women who suffer from Coagulation problems may be an increased risk of stroke; and
  • A blood condition which causes the mother’s immune cells to attack the fetus.

Traumatic Brain Injury Caused By Someone’s Negligence

Traumatic brain injury cases result from preventable accidents. They can happen in slip and fall accidents, work place accidents, automobile crashes or failure to properly delivery a baby.

A traumatic brain injury can be caused by a jolt to the head or any type of head injury which disrupts the normal function of the brain. It affects the brains blood vessels and tissue, and it impairs functions of speech, vision and memory. It could cause a change in mental state.

Any violent blow to the head could cause traumatic brain injury, but according to some reports, the leading causes of traumatic brain injuries are as follows:

  • Failure of the doctor to perform a c-section during birth;
  • It results from falling materials on a construction site, or from slamming into heavy equipment;
  • Falls are a leading cause of traumatic brain injuries and account for a high percentage of this type of injury; and
  • Car accidents cause approximately 20 percent of all traumatic brain injuries, and they are the leading cause of death.

Common Birth Injuries

Birth injuries could be mild or severe. They are many times caused by brain damage. Many birth injuries are the result of medical malpractice. Common injuries include the following:
  • A breach birth;
  • Dystopia or prolonged labor;
  • When the mother’s pelvis is not an adequate size for the baby to be delivered vaginally;
  • When the baby’s size is more than 8-9 pounds;
  • Due to forceps that are used during delivery;
  • Swelling of the baby’s scalp due to vacuum extractions;
  • Bleeding between the bone and it’s fibrous covering; and
  • Pressure on the baby’s face during labor or birth due to the use of forceps or other wrongful delivery methods.
According to most studies, most medical errors are a result of the following negligent acts:
  • Inappropriate administration of pitocin;
  • Misuse of forceps;
  • Misuse of vacuum extractor;
  • Delay in ordering a cesarean section;
  • Failure to respond to fetal distress;
  • Failure to observe umbilical cord entrapment;
  • Failure to respond to bleeding; and
  • Failure to anticipate birth complications due to a large baby or resulting
  • from the mother’s health complications.
There are many reasons for a birth injury. If your child incurred a birth injury, it is this firm’s belief that the medical records should be reviewed by an experienced medical malpractice attorney. In that respect, please call David K. Kremin & Associates for a free consultation at 1(800) ASK-A-LAWYER or 1(800) 275-2529. If we believe the medical staff did something wrong we will have the medical records reviewed by an expert in the field to determine if the baby’s injury is a result of medical malpractice.
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