Birth Injury Archives

Birth of a baby is very complicated process for a mother as well as for the medical team. A little mistake or negligence may cause a birth injury. Occurring a birth injury is not mean the physician and other health care providers, nurses or hospital administration that cause these mistakes are not usually bad people, but due to lack of expertness or inattention, they allowed harm to come to a mother or baby.

Common Type of Birth Injuries

Birth injury may occur in different forms such as Brachial Plexus Injury, Cerebral Palsy, Brain damage from Oxygen Deprivation, Developmental Delay, Cephalohematoma, Folic Acid Disorder, Cystic Fibrosis, Holoprosencephaly, Mental Retardation, Brain damage from Reduced Blood Flow, Bone Fracture or   Fractured collar bone and many other.

Bone Fracture or Fractured Collar

Here we would talk about most common injury called bone Fracture or fractured collar. A complicated or difficult delivery is usually the cause of broken bones in newborns, especially a fractured clavicle or collarbone. A fractured clavicle or fractured collar bone in the newborn is a broken collar bone in a baby that was just delivered.

Causes and Symptoms of Fractured collar bone

A fracture of a newborn’s collar bone (clavicle) can occur during a difficult vaginal delivery. Your baby will not move the painful, injured arm. Instead, the baby will hold it still against the side of the body. Lifting the baby under the arms causes the child pain. Occasionally the fracture can be felt with the fingers, but usually the problem cannot be seen or felt. After some time, maybe days of weeks, a hard lump may develop where the bone is healing. This lump may be the only sign that the newborn had a broken collar bone.

Immediate Treatment for Fractured clavicle

Generally, there is no treatment other than lifting the child gently to prevent discomfort. Occasionally, the arm on the affected side may be immobilized, most often by simply pinning the sleeve to the clothes.

How it can be diagnosed and what you have to do?

You have to contact with your health care provider if your baby acts uncomfortable when you lift the baby. A chest x-ray will show whether or not there is a broken bone. If you feel that the injury occurred due the medical malpractice, then you have a right to make claim for that. You can contact with an expert and professional birth injury attorney to deal take the legal action against the guilty one.

There are so many types of birth injuries that may occur due to the carelessness of doctor, nurses or medial administration during delivery. These injuries can often be prevented with appropriate monitoring and an expert level medical treatment. Damage can occur due to the negligence of the medical team but also some time, the mother’s medical history can include factors that make the pregnancy or delivery high-risk. A birth injury is very dangerous to your newborn baby; it can put several harsh effects on the life of your baby and some time cause permanent disability.

If your baby suffers from a permanent neurological or intellectual disability and you think that the physician or any other health care professional involved in the delivery process is liable for the injury of your baby then you should have to contact a competent and professional attorney without wasting your time. The birth injury attorney will be able to work with you to determine whether the treatment provided was below the standard of care resulting in injury to the child or mother, or the high-risk pregnancy or delivery cause the injury to your child.

Either you are rich or poor, wealthy or middle class citizen; at that time when an injury occurs to your baby you needed a professional and expert advice to determine the guilty party. With expert knowledge and professional skills he can help you find what exactly caused the birth injury and the extent of severity of the injury. He, also, to find the factors responsible for the injury and get detailed information on the matter, can organize meet up with the doctors. If the injury occurred due the doctor negligence, he sues the doctor on the behalf. This will lead to compensation from the hospital for your injured baby.

Some birth injuries such as Cerebral Palsy, are not obvious at the time of birth, and may not be noticed for quite some time after the birth of a baby, you should still seek legal remedies once you become aware of the injury and its cause. In many states, however, there is a statue of limitations on how much time you have to seek legal remedies for birth injuries. Your birth injury attorney will be able to advise you on all such issues that will be help for your case.

When your baby faces a birth injury and you hire an attorney to know the causes and the person responsible for negligence, it is not only that you are doing the best for your child safety only. You are also involved in a social service indirectly as the doctors and the staff becomes more careful while performing their duties and mend their ways, lest they get sued in the court. Such improvements when takes place, gives good standing to the hospital and provides the future parents a more secure hospital service. The most important point is that the birth injury attorney consultation is in favor of all parents.

Undoubtedly, the birth of a child is a time of joy and celebration, but the delight turns to devastation when a birth injury occurs due to medical mismanagement and makes the future of the baby uncertain. The parents of the young baby who feel that their beloved child’s harm was the result of a mistake made by medical personnel should seek the immediate help of an experienced birth injury lawyer, because the parents have a right to claim for the birth injury from the guilty party. Here some important information has been given which may help you while you are looking for a right birth injury attorney.

The hiring of a birth injury attorney is necessary for the success of a birth injury case because the birth injury cases are among the most emotionally charged for parents that exist in today’s legal world. So, parents who have made the discovery that their child has been harmed in this way need a qualified attorney as he can handle easily all these situations or problems with his professional knowledge based on his handled cases. Here we discuss some most important factors which have a significant importance while parents of an injured child going to choose a legal attorney for a birth injury claim.

Experience and probability of the handled cases are two most important things to analyze an attorney while hiring. A birth injury attorney with experience will be able to assist the suffering parents work through this hard procedure. Understanding of what’s taking place is critical in these spots, and an experienced injury attorney who makes sure to keep customers conscious of occurrences will usually make a better situation for parents who must survive these situations. To find an experienced lawyer you can utilize different resources including:

  • Lawyer directory in your area
  • Friends and Acquaintances
  • You general experience
  • Using referral services
  • Contact with lawyer to whom you know

Furthermore, the cost is also very important while you are looking for a right attorney to settle your lawsuit. You have to confirm that the lawyers to whom you are hiring for your case to charge either an hourly rate or a contingency fee. If the lawyer charges an hourly rate, you will pay for the time he or she spent on your case, regardless of outcome. With a contingency fee, the lawyer will only get paid if you get a monetary award. A contingency fee is usually calculated as a percentage of any money you receive.

In whole, about the facts, finding out that your kid has been harmed by a mistake, made during the rescue process by a doctor, nurse or medical administration is a really hard spot to face for any parent. Generally, this is not the time to attempt to make difficult decisions. Instead, it is the time to make sound judgments, and doing so should include the input and guidance of a birth injury lawyers who understand these cases. Finally, you have to hire an attorney who should

  • Has both the skills and experience to handle your case
  • He has charged a reasonable fee
  • Offers advice that you trust, and makes you feel comfortable

A claim is a legal demand or assertion by a claimant for compensation, payment, or reimbursement for a loss under a contract, or an injury due to negligence. Any negligence by a contractual party gives a right to the other party to ask for the compensation to the other party and the guilty party is bound to pay for the damages to the claimant. In case of any dispute or brawl the infected party can go to the court against the guilty party for the compensation.

Your baby may get an injury at the time of the birth. It may occur due the doctor, nurse or hospital administration’s negligence or the physical condition of the mother and baby. An injury which your baby gets at the time of birth may make him disable in his future life and he may fail to meet all the challenges and obligations to spend a successful life. In these circumstances law gives you a right to make a claim against the guilty party and as a guilty party is bound for the compensation in case of any birth injury. A call for which you lodged a lawsuit in the event of a birth injury has called a birth injury claim.

Mostly the birth injuries occur as a result of complications during pregnancy, labor, or childbirth. The caput succedaneum, cephalohematoma, subconjunctival hemorrhage, forceps lacerations and bruising, facial paralysis, brachial plexus palsy, fractures, cerebral palsy are some most common types of birth injuries. Several types of birth injuries can be prevented when proper medical protocol is adhered to.

Medical negligence can cause several types of birth injuries. Medical negligence is defined as a health care provider’s failure to exercise the same degree of judgment, care, and skill that a prudent medical professional would exercise in similar circumstances. If the medical care provider commits the medical negligence and the result is the birth injury, it gives you a right to file a lawsuit for a birth injury claim.

Your proceedings before you bring legal action or consult with a law expert can have a substantial impact on your lawsuit.  If your loving child has sustained a birth injury, keep the following facts in mind as you work through doctor’s appointments, conversations with insurance companies, or consultations with a legal representative:

  • Get the right medical attention for your child
  • Document everything properly
  • Get all the information about the birth
  • Be careful and attentive while working with insurance companies or hospital representatives
  • Do not talk about the lawsuit or potential cause of your child’s injury

Due to lack of knowledge and information mostly parents fail to make a claim against the medical care provider, and they could not be compensated by the guilty party properly. Keep in mind – even a single mistake can derail your lawsuit. So, an immediate representation & rehabilitation support is necessary for a birth injury claim. A birth injury lawyer having a valid experience, medical knowledge and conclusion to pursue medical malpractice lawsuits against doctors, nurses and hospitals when they die to protect a fetus in distress and cause a birth injury can help the parents for an immediate representation and rehabilitation backing and may allot with their lawsuit efficiently and efficaciously.

No-doubt it is the most excited moment in your life when you are becoming a father or mother for the first time. Surely, you want to see your first child safe and sound. Sometime this precious moment of your life may destroy if your child gets a birth injury. Certainly, it is very painful for you and your family. Any of birth injuries can be caused by a medical problem or mistake by a mother or a medical doctor. A physician can cause such type of mistake due to inexperience or inattention. If your newborn baby gets an injury at the time of birth, then you have a right to make a claim against that form responsible party.

A birth injury may leave several critical impacts on the life of your baby. It may damage your baby physically as well as mentally. A birth injury may of several types with different symptoms having different dangerous outcomes in the future life of your baby. One of the most dangerous is Cerebral Palsy that can cause physical disability to your baby.

Cerebral Palsy is a medical condition marked by impaired muscle coordination (spastic paralysis) and/or other disabilities, typically caused by damage to the brain before or at birth. It is the combination of two words Cerebral and Palsy; the first word Cerebral (means related to the brain or cerebrum) refers to the area in the brain that is affected, and the Palsy means complete or partial muscle paralysis, recurrently accompanied by loss of sensation and irrepressible body engagements or tremors or shudder. It is a sunshade expression that refers to a group of disorders upsetting a person’s ability to shift or move.

Symptoms and Signs:-

A child affected by Cerebral Palsy usually shows its symptoms and signs during the first 2-3 years of his life. It has several symptoms and signs some of them are given below:

  • Affected does not crawl in usual way and having abnormal muscle tone
  • Limited movements and hearing problems
  • Faces difficulty in feeding and sucking
  • Fails to focus on objects and having involuntary, slow writing movements
  • Developmental problems (over development or underdevelopment of muscles)
  • Lack of voluntary coordination of muscle movements
  • Hearing, speaking and eyesight problems
  • Favors one side of the body over the other side, and many others…

Main Types:-

Cerebral palsy may in different forms/types. The major 3 types are given below:

  • Spastic Cerebral Palsy: Usually the affected baby has increased reflexes, increased muscle tone, tight muscles, and joint contractures.
  • Athetoid Cerebral Palsy: The patient suffers an ever changing level of muscle tone. As a result, children with athetoid cerebral palsy suffer a constant succession of slow, writhing, involuntary movements.
  • Ataxic Cerebral Palsy: Affected children have low muscle tone and often suffer an impaired ability to coordinate voluntary muscular movements and, as a result, generally have balance problems and suffer tremors etc.

Major Causes:-

The major Causes of Cerebral palsy are as fallow:-

  • Infection or injuries to the brain
  • Problem with blood flow to the brain
  • Infections during pregnancy
  • Severe jaundice in the infant
  • The physical and metabolic trauma of being born
  • Brain damage during or after the birth of the baby
  • Abnormal development of baby’s brain
  • Intracranial hemorrhage
  • Maternal infections and lack of oxygen
  • Infected instruments used by the labor during the pregnancy
  • Stroke during the birthing process


Care and full attention regarding all the facts is important to keep away your baby from any injury or trauma. By taking some precautionary measure by the both the sides, mothers during pregnancy and after the delivery and the doctors or during and after the delivery, it can be prevented. Some of The precautionary measures have to be taken are given below:

  • Avoid from smoking, drinking or taking illegal drugs while pregnant
  • Content with doctor if you face any infection during your pregnancy
  • Eat balance diet during pregnancy, take folic acid prior to pregnancy
  • Avoid exposure to harmful substances such as radiation and asbestos
  • Keep your all vaccinations are up-to-date
  • Go to all her antenatal appointments regularly
  • Get an appointment from an experienced doctor having all the accessories or equipments
  • Doctor have to make the availability of clean equipments free from any infection
  • Physician have to pay proper attention on delivery case

It is not curable, but it doesn’t get worse. The plan of action is based on the needs and circumstance of the patient. It can be managed by: medications, speech therapy, hearing aids, orthotic devices, surgery, occupational therapy, physical therapy, eyeglasses or eye surgery.

You Can Make A Claim:-

A gynecologists and obstetricians, midwives, nurses, hospitals or anesthesiologists may responsible for the injury. You can make a claim against the liable party because the law gives you the right to be fully and fairly compensated for all your losses, including funds to cover your child’s medical care. For this purpose you have to hire an attorney with extensive experience to get help in making a claim cerebral palsy and other birth injuries. You can find a birth injury attorney online or may get help from your personal attorney to find the right one with the best experience and practice.

During birth process a baby may face a lot of problems or difficulties as it is very complicated and care needed process. If during delivery or woman’s pregnancy a health care professional you hired, fail to sufficiently assess or react to conditions and complications the result may be an injury to mother or baby. The most common birth injuries including skin irritations, soft tissue injuries, umbilical cord entrapment, bruising on the face or head, fractures to the arm, collar bone, or skull and many others.

There are a number of causes which may resulted the injuries during birth process failure to have neonatologist at delivery for resuscitation, improper epidural, delay in performing a necessary cesarean section, use of excessive force during delivery, oxygen deprivation, failure to take vital signs, giving the wrong drugs, general lack of proper medical care and many others.

You have a right for claim against the guilty party if your baby gets a birth injury during or after birth process in the hospital. You can go to a court or may contact to an experienced birth injury attorney to set a birth injury lawsuit against the culpable party. Before filing a lawsuit you have to consider some important factors which can help to process your case successfully.

First of all the way the lawsuit will be processed based upon the law of the state where your child is born because the rules and regulations regarding law may different from state to state. There are two type of courts where you can file a birth injury case; stat court and federal court. While you hire an attorney for your case he can decide it in a batter way that where case can get a batter position. While your child gets injury during birth and you decided to file a lawsuit against doctor or hospital management, you may have to contact an experience attorney with all necessary documents regarding like delivery case agreement copy, child medical record medication prescription papers and others.

Before hiring an attorney analyze critically everything regarding his qualification, experience, jurisdiction and cost. While you confirm all the things you signed an agreement with lawyer to lead your case. Lawyer after getting all necessary documents will prepare the file for your case and contact to court for filing the case. After filing the case the other party legal representative then will be notified.

After notification court will engage both parties for the discovery, during necessary information will be gathered by both sides and interrogations will be made. Mostly cases have been executed by making financial settlements. If the case is settled by making a financial claim it will be finalized and ended otherwise court will further continue interrogations of case and will give the final decision.

Punishment for this type of lawsuit depends upon the nature of injury and may be according to the law of the state. Although it is serious and most critical situation arises by the negligence of the party, even a loss of a life so guilty can be punished by imposing a heavy fine, imprisonment or both. Here, I would like to say that, it is necessary for the physician to handle a delivery case carefully by understanding its critical nature to save a life from any defect or injury.

Birth trauma or birth injury refers to damage of the tissues and organs of newly delivered or innate baby often as a result of physical pressure or trauma during birth having several negative effects on the life of your baby for future time period. Birth injury or birth trauma may occur due to medical negligence or clinical negligence. In-fact it is a very special moment for the whole family, especially for the parents of the baby but may be scattered due just a little negligence. If things go wrong during the pregnancy or the birth, the effects can be devastating, some time loss of your beloved child.

Not only the baby as well as the mother of baby can also get the birth injury which result in life-long suffering to the mother and/or child as a result of medical negligence during labor and delivery. Brachial plexus injury/ erb’s palsy, brain injury, cerebral palsy, facial paralysis, bruising and many other are the common types of birth injures. While a mother or baby suffers the birth injury there is a claim for personal injury compensation may be possible. At that time you may in need immediate representation & rehabilitation support. You can conduct to an experienced attorney who can make it possible to make an injury claim successful.

While you are going to take a decision about the making a birth injury claim against guilty party who is liable for that you should have to keep in mind some common factor which can make your claim successful. Generally, you can make a claim for several issues and complication relating to birth. Some of the most important among them are given as fallow:
• Forceps delivery or venous delivery errors
• Inadequate management of pre-eclampsia
• Incorrectly sutured episiotomy
• Undiagnosed disability or Down’s syndrome
• Brain or Nerve damage
• Neonatal death
• Anaesthetic issues
• Neonatal illnesses
• Shoulder dystocia
• Cerebral Palsy and birth asphyxia
• Damage to baby due to mismanaged labor or delivery
• Damage to baby due to failure to note a high risk pregnancy
• Erbs palsy or brachial plexus injuries
• Failure to detect abnormalities in foetus
• Failure to diagnose and treat an ectopic pregnancy
• Failure to recognize extent of vaginal tear

Issues related to birth are not limited up to above mentioned there are also several other issue which law understand/prescribed to be suit, you can set up a case for that claim. You can sue against a doctor, nurse or hospital management as per the circumstances.

Several solicitors and attorney are ready to help you for your case. One thing which will be considered in injury whether a suit can be filed against it or not is that was the injury avoidable or not? Was the standard of care high enough?’ and ‘ Did that specific action result in a birth injury? The case will liability will be decided on the base of above mentioned facts. After analyzing all the facts if you are on the right way than you have a right to proceed your case through a court to make a claim or compensation.

During a birth even a minor negligence by the doctor, nurses, or hospital administration could be a disaster for your new born baby. A most precious happiness for parent may be scattered by the mismanagement of the involved authorities in birth process. You child may got a birth injury some time which resulted the permanent health problem or disability so, there is a lot of care is needed during a birth process. A couple should be wise while deciding about to choose a place for the birth of their baby. A good decision about that can save your child from various birth problems and injuries.

There are several complications are associated with the birth process so, an expert and qualified physician has an ability to handle most of them carefully. A birth injury may occur due to several factors which exercise at the time of birth process. It may be due to a falsely act or misconception by the medical staff like as lack of staff competency, not sufficient staff or not availability an expert doctor, a deficiency in proper orientation and training for staff, lack of staff competency, lack of communication and team work between doctors, misuse of forceps or improper use of delivery forceps, nurses and other staff members and not sufficient monitoring by the physician.

It also may happen due to several medical defects of medical complications. Birth defects are conditions or abnormalities present at birth that develop prior to birth or during birth. These abnormalities or conditions can be caused by several genetics, environmental factors, and infection or for unknown reasons, the most numerous examples of these abnormalities included autism, Down syndrome (A genetic condition in which a person has 47 chromosomes instead of the usual 46), Developmental Disabilities, Rett Syndrome and more.

At the time of birth complications are common and there are always things that may go wrong and may cause the birth injury or birth trauma. Injuries with your baby due to negligence of the medical staff give you the right to claim for that from the liable one. You can file a suit against doctor or authority that is responsible for your child’s birth injury. At that time you needed a birth injury lawyer because an experienced lawyer can present and defend your case in the court in best way.

Your child’s injury during birth can cause the physical as well as emotional shock for you and your family, during the time of these difficulties you have a way to claim for your child injury. While you are going to sue against the liable party you must make the choice for an attorney with great comfort to make it sure that your legal matter have to be handled with utmost care and professionalism.

Several legal firms are offering services having professional and legal expert. Be sure, the experience of your hired attorney has great influence on the success of your case. Always check the experience of lawyer and the probability of his past cases handled before making a hiring decision. You can check your surroundings as well as you can go online to find the experienced attorney for your lawsuit. A wise decision could be cost effective and successive for you during that time.

Birth of baby is a very complicated process and needed a lot of care and experienced treatment. There are several risks are associated with the birth process. Due to negligence of involved parties and some medical complications with respect to mother’s body, a newly born baby may face an injury or infection usually called the birth trauma or birth injury. The birth injury may be of several types and due to several causes. Factors having the risk of birth injury included the delayed and prolonged delivery, abnormal fetal attitude, asinclitismus, quick and rapid delivery, size of the baby, oxygen shortage, untrained labor, abnormal birth position, unskilled or inexpert doctor, baby position, breech presentation and several other issues.

A birth injury may cause a permanent disability and some time loss of your beloved baby. Several risk during, before and after birth time can be eliminated by making a wise choice about selection of hospital and a physician or medical expert because medical treatment by the staff of the medical center have great influence on the birth process. A proper care by these authorities can save your baby from a birth injury. Birth injury or a mishap can occur due to negligence of a doctor, nurse or labor, hospital or any other party involved in delivery case; it is briefly describe below how the above mentioned parties can make them responsible for an injury case with your baby:

Doctor/Physician and Birth Injury

The main party who is liable for an injury with your baby is the doctor because he takes the responsibility of delivery. It is the core responsibility of a doctor to give the necessary and special care to a delivery case as per the requirement of the complications of this case. If he/she fails to give the right standard of care to the patient with respect to the case the responsibility of resultant injury goes to him/her and he is legally liable for the compensation. As per the requirement of a delivery case the patient have to choose an expert and responsible physician in order to save from any mishap in future. In addition a doctor or physician can be considered liable or responsible for his any subordinate engaged with him in the same case.

Nurses and Birth Injury

The second party may involve in an infant injury case is the nurse. A nurse can be considered liable for an injury case independently due to her any negligent act. In case of not monitoring the patient carefully, irrelevant medication, not communication to the physician about the patient changing situation, or any other related act, she will be responsible for a negative result and she may be charged separately in the case.

Hospital and Birth Injury

Today, the medical field has been developed significantly, hospitals and medical center are providing a various outstanding services to their patient and also the upgraded services are being added to their curriculum. It is the responsibility of each hospital in a specific area to provide the best services to their patient as the other are providing. If a hospital does not provides the necessary facilities are per required in complicated cases such like a delivery case it will be considered corporate negligence. A hospital can be considered liable for any negligent act arises by its any member or equipment. Unavailability of a necessary facility or carelessness of any member the loss will become the corporate liability of hospital and a case can be suited against hospital.

As per suggestion make a wise choice among all the medical care and facilities provider around your area while you are going to select a hospital or doctor for the birth of your baby. Evaluate the level of success in past case as per same hospital or doctor and check the services like as nursery or other relevant environmental factors and then make the selection about right one. A careful a wise choice can save your beloved child from any defects or injury.

Birth of a baby is the most precious and amazing moment in the life of a young married couple. Baby birth process is associated with various complications and risks. A baby may suffer several mechanical or systematical health risks during birth process and there is a lot of care is needed during the birth of a baby and must be sure everything should be well functioned. If during the birth process things did not go on their right way then the effects can be overwhelming and baby may undergo the serious problems or injury usually called the birth injury or birth trauma.

Birth Injury “or” Birth Trauma

A birth injury or birth trauma refers to the damage of the tissues and organs of a newly delivered child, usually as a result of physical pressure or trauma during the baby birth. A serious birth injury may put the life of your baby on severe risk. It can cause the broken bones, nerve injury or brain injury among other injuries. A brain injury or brain damage and head trauma during birth or delivery process can lead your infant toward number of serious conditions and may put your baby on disability risks. It might be injured your baby mechanically or systematically.

Types of Birth Injuries

There are several types of birth injuries but most common reported among them including subcutaneous hemorrhages, intradural bleedings, caput succedaneum, internal and external bleeding small subperiostal hemorrhages, haematomas of liver, infections and soft tissue damages, hemorrhages along the displacements of cranial bones and subcapsular usually effect your baby during birth process and can lead to the several type of damages. A birth trauma encompasses the permanent side effects of physical birth injuries. These side effects may include the ensuing compensatory and adaptive mechanisms and the development of pathological processes after a physical damage in your baby.

Causes of Birth Injuries

There are most numerous causes of injuries during birth may include the following:

  • Breech presentation
  • Forceps and vacuum extraction
  • Delayed and prolonged delivery
  • Caphalo-pelvic disproportion
  • Abnormal fetal attitude
  • Asinclitismus
  • The quick and rapid delivery
  • Acceleration and stimulation of the birth
  • Abnormal birth position
  • Obstetric turn
  • Size of the baby
  • Baby position
  • Untrained labor
  • Unskilled doctor
  • Oxygen shortage
  • Unavailablity of equipments

It is the wish of every couple to see their child happy, healthy and free form any medical defect, but this sweet dream of parents may be scattered due to negligence of doctor or labor. So, be wise while you are going to choose a medical expert and a hospital for the birth of your baby. A wise selection at this stage can save you from a number of risk and trouble during the birth of your baby.

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