Birth Injury Archives

Birth Injury and Medical Costs Required – How It May Increase Your Debt Problems

In the birth process, the child may suffer from a physical injury and this injury is called birth trauma or birth injury. This injury usually takes place due to terrific pressure upon the baby when the baby passes through the birth canal. Some factors that can cause birth injury are “breech” delivery, premature birth, prolonged labor and irregular shape of the mother’s pelvis. Medical treatment is needed for such injuries that may happen to the baby. Thus, it requires lots of money due to which you may fall into debt problems. You may choose a debt management program to come out of your debt problems.

5 Common birth injuries that a baby may face during birth

If your baby suffered a serious injury due to negligence of the doctors and nurses, during or after delivery, you may contact a lawyer to file a case against them. The lawyer will help you get the right solution for your case but it is very important that your baby remains safe and secure. Have a look at the 5 common birth injuries that a baby may face during birth.

  1. Caput succedaneum – Caput succedaneum is a relentless swelling of the soft tissues of the baby’s scalp. This develops when the baby passes through the birth canal. The swelling generally vanishes in a few days. Some babies are delivered by vacuum extraction and, as such, are more liable to have this condition.
  2. Cephalohematoma – A part of bleeding between the bone and its fibrous covering is called Cephalohematoma. It appears several hours after the baby’s birth as a raised lump on the head of the baby. Most cephalohematomas take two weeks to three months to disappear completely depending on the size of the baby. Some babies may develop jaundice in case the area of bleeding is large as the red blood cells break down. Thus, the baby requires medical treatment quickly so that the baby can stay safe. Since the medical costs are high, you may get entrapped into debt problems. Thus, opt for a debt management program and do away with your debt problems.
  3. Subconjunctival hemorrhage – The small blood vessels that break down in the eyes of a baby is subconjunctival hemorrhage. Either one or both the eyes may have a red band around the iris. But, this does not cause any harm to the eyes. The redness of the eyes gets absorbed in a week to ten days.
  4. Facial paralysis – Before the birth of a child, the mother has to bear the labor pain and there appears a pressure on the face of the baby. This may injure the facial nerve. It may also happen with the usage of forceps for delivery. This injury is usually found when the baby cries. No movement is found on the side of the baby’s face with injury and the baby’s eye cannot be closed. The paralysis will get improved in a few weeks time in case the nerve was only bruised. But, if the nerve is torn, the baby will require doing surgery and for this you will need lots of money. Thus, you may fall into debt problems.
  5. Brachial palsy – When the brachial plexus gets injured, there occurs Brachial palsy. This is common when it is difficult to deliver the shoulder of the baby, known as shoulder dystocia. The baby is unable to flex and rotate the arm. Many cases of brachial palsy get solved in 24 hours or less than that and therapy is not essential for these cases. Nerve tearing may result in permanent damage of the nerve. Special exercises help to maintain the motion of the arm while healing takes place.

Thus, if your baby is having any of these birth injuries, do the necessary medical treatment and relieve your baby from the pain that he/she is facing. It is true that medical treatment requires lot of money and, as such, you may fall into debt problems. But it is much more important that your baby remains safe and secure after his/her birth.

Many babies are born each year with injuries which may be attributable to some type of trauma during the labor and delivery process. Some of the types of trauma a newborn may sustain during the birthing process are apparent at birth. Other types of trauma are not apparent until the baby ages and mature and it becomes noticeable to parents or physicians that certain milestones are not being reached by the child as would ordinarily be expected.

It is frequently difficult to identify a cause of a birth-related trauma simply from looking at the child. Indeed, often it is difficult to determine a cause even from a review of the medical records. Usually, a review of the records and an examination and testing of the baby by a physician will be required to fully evaluate whether the infant sustained a birth-related injury and to identify the exact injury sustained.

To prepare for such an evaluation, you should provide the physician with any photographs or videotape which demonstrate signs of injury or delays. In addition, you should maintain a log of milestones reached and any delays or difficulties in reaching milestones. You should compile all records of the prenatal care, including duplicates of any of the ultrasounds performed during the pregnancy. In addition, the physician will need to review the labor and delivery records, including fetal heart monitoring strips, and the baby’s newborn nursery records and subsequent health care records.

We do not always have success in identifying a specific injury or the cause of an injury in a newborn; however, with the input of world-class physicians with special education, training and experience in the evaluation and care of children, we are able to gather critical information to help us understand what may have caused the baby’s problems.

The birthing process is a stressful one for the unborn baby, as it blends compression, contractions, torque and traction, often over an extended period of time. For babies who are large for gestational age, the process of delivery may be even more difficult. The baby’s presentation and position in the womb as well as the gestational age are also important to take into account when trying to determine the safest method and time of delivery.

While birth-related deaths are estimated to account for less than 2% of neonatal deaths, careful planning and consideration of risk factors may further decrease the number of neonatal deaths and injuries. The use of ultrasound technology and fetal monitoring prior to attempting a vaginal birth may reveal useful information to the physician and patient. Trauma arises in the context of a planned vaginal delivery that gets interrupted by unexpected difficulties. When those difficulties can be anticipated and either avoided or managed, the baby has a better chance of a healthy delivery.

Various professional organizations have issued position statements and published information to help reduce birth trauma. These organizations have given guidelines for the use of instrumentation during delivery. In the hands of experienced practitioners, an instrumentation-aided delivery may result in a successful and safe delivery. For practitioners with little or no experience with the use of midforceps and vacuum extractors, the baby may have a greater risk of birth trauma and serious injury.

Certain factors have been associated with birth trauma, including:

  • Prima gravida
  • Cephalopelvic disproportion, small maternal stature, maternal pelvic anomalies
  • Prolonged or rapid labor
  • Deep transverse arrest of descent of presenting part of the fetus
  • Oligohydramnios
  • Abnormal presentation (breech)
  • Use of midcavity forceps or vacuum extraction
  • Versions and extractions
  • Very low birth weight infant or extreme prematurity
  • Fetal macrosomia
  • Large fetal head
  • Fetal anomalies

Thankfully, most deliveries are smooth and uncomplicated and with no apparent or actual lasting trauma to the baby or Mom. If any of the above risk factors exist in your pregnancy or from a past pregnancy, you should talk to your physicians about how best to manage your delivery.

A birth injury lawsuit may be appropriate when a child is injured during pregnancy, labor or delivery. The main consideration will be whether the injury was caused by someone’s negligence – usually a doctor or other health care provider. This type of injury lawsuit falls under the category of medical malpractice.

Birth injuries may be apparent at birth. In other cases, signs and symptoms of a birth injury may not become noticeable until months or even years later. For example, if your child has developmental delays, such as delayed speech or ability to walk, a birth injury may be suspected.

A common example of a birth injury is shoulder injury from the baby’s shoulder getting stuck during birth. There are recommended procedures for resolving this issue during labor, but in some cases the nerves are damaged and permanent injury may be the result. Negligence may be the cause if the doctor failed to follow the proper procedures or used too much force in dislodging the baby.

A lack of oxygen at birth is another common cause of birth injuries. A lack of oxygen can cause a range of brain injuries. Cerebral Palsy is a broadly defined neurological disorder that includes muscle and movement disorders, speech and motor delays, etc. Symptoms vary greatly from person to person.

Another example of birth injury negligence is a failure to monitor or perform the proper tests during pregnancy and after birth. Failure to diagnose a problem can lead to a worsening of the condition. If the doctor responsible was negligent, a lawsuit may be appropriate.

Not every birth injury is caused by negligence, and it’s often difficult for a parent to know whether they may have a medical malpractice claim. Some conditions may be genetic, and even those caused during labor and delivery may not involve negligence. In other words, the doctor may be able to prove that they did not fall below the standard of care and therefore was not negligent.

Negligence can be a difficult thing to prove. Even an experienced medical malpractice attorney will consult with an expert in the medical field to determine the cause of the injury and whether negligence was involved. If you decide to pursue a medical malpractice lawsuit for a birth injury, one of the first steps your attorney will help you with is getting a report from a medical expert.

This can all be very confusing, and it can be overwhelming for a parent or family focused on the care and treatment of an injured child. An experienced birth injury attorney can help. It’s their job to help you decide whether to pursue a lawsuit. If you decide to sue, an attorney will work to ensure that you are fully compensated. Medical malpractice lawsuits often seek payment for medical expenses, future care and medical expenses, future lost income, and pain and suffering.

An initial consultation with an experienced birth injury attorney can give you peace of mind. Initial consultations are almost always free. If you decide to hire an attorney, they will likely charge you a contingency fee, which means you only pay if you win.

If your child is victim of birth injury or suffering from any kind of birth injury because of negligence of doctors or medical staff, then you have a right to demand damages from the doctor, hospital, or healthcare worker with the help of a birth injury attorney. May be a general lawyer can also solve your problem but it is not a suitable way, an expert is an expert. A birth injury attorney is the most suitable person to estimate potential restitution and how long the process may take.

There are so many parents that don’t know how to solve this problem because of unawareness from birth injuries and also from their complexities. Therefore, they need an experienced lawyer who is well-versed in the laws regarding birth injury claims. A knowledgeable lawyer can question whether the healthcare providers involved provided the expected high level for standard of care.

If your child has been the victim of a birth injury, you deserve justice. An experienced birth injuries attorney can help you make a strong case and, therefore, receive full compensation. Choosing an expert birth injury attorney is not easy, but possible. There are a few questions you should ask when choosing your attorney.

  • Does the law firm have the financial resources to retain the experts needed to build your case?
  • Does the law firm have medical experts for testimony?
  • Does your attorney stay up-to-date on legal and medical standards?

In order to choose a professional birth injury attorney, you have to look at the attorney’s previous cases and his record. Most attorneys will explain the type of cases they have handled in the past and how much compensation they have received for their clients. Background of each birth injury attorney is vital. Speaking to family and friends may also give insight as you look for the right attorney. Moreover, it is important to mention taking advantage of a free consultation before filing a lawsuit. Also, avoid waiting to file your lawsuit. There are Statute of Limitations deadlines that will apply.

You can easily deal with these kind of birth injuries and also you can reduce the mistakes and negligence occurred by the doctors if you immediately take a legal action against these type of medical negligence. If your child has a severe injury like cerebral palsy or brachial plexus palsy then immediately contact to an experienced and knowledgeable birth injury attorney.

The most important and happy moment of a married couple is when they become a parent of sweet little baby. Every parent want to see their baby happy, healthy and active for which they do a lot of struggles in life. But unfortunately all the parents never got the healthy child. At the time when one is expecting for a baby birth, parents become so choosy in selecting a hospital and doctor. It is good to select the best and experienced doctor as per safety measure but it never work always.

It has been observed many times that at the time of delivery if proper attention was not given to both mother and baby, it may cause the baby loss or baby’s injury. Mostly the injuries of that time are not curable and the parents and child will become bound to live with those injuries throughout their life. Birth injuries includes, spinal cord damage, bone fractures, injuries involving paralysis, internal bleeding, infections, forcep injury, brachial plexus injury, soft tissue damage, cephalohematoma, injuries from vacuum birth, brain damage etc.

A sweet dream of parent can be scattered by the negligence of doctor, it is one of the basic causes of birth injuries. It can be through wrong medicine prescribed by doctor to a pregnant lady or carelessness of a doctor at the time of delivery. Do you really think that a parent should easily accept any severe loss of their child.

At this crucial time birth injury attorney is the one who can help those parents. Though the attorney can’t be able to overcome the damage suffered by child but they can sue the responsible doctor and brings the liable to the court.

Usually people hire birth injury attorney after the injury has made but actually this is not the correct time of hiring it. Just thought for a while that if a person knows before doing any act that he or she will have to give the answer of what they are doing, then what will happen. Of course, a person will get more conscious about their acts. Same is the case here, if parent at the time pregnancy starts will hire the birth injury attorney the doctors will become more conscious about their doings. The extra consciousness of doctor may prevent the parent’s dream to get scatter. So the best time to hire a birth injury attorney is the time when a woman get expected.


While hiring attorney there are few things which should be kept in mind;

  • The educational background and number of successful cases must be kept in mind.
  • Rapport between client and lawyer also taken into consideration so that one client can easily discuss their case.
  • Family lawyer may not offer specific help, so the professional and specific field’s attorney should be hired.
  • Lawyer should be qualified and certified one,

Some of the qualifications needed by the lawyers in order to be certified include:

  • At least 5 years of being licensed;
  • Extensive experience in the specialized area;
  • Continuing legal education in order to keep up to date;
  • The passing of a 6-hour exam.

Dealing with birth injury is a very serious, complicated and painful matter for the child as well as for parents. In order to safe your child from such sufferings you should have to hire the birth injury attorney so that the doctors will become more conscious. It is one of the safety measure for your child so do adopt it.

If your child has a birth injury because of the negligence of medical staff or doctors then it is your legal right to demand compensation from the hospital administration or board member. This step is so much important for every parent because if you don’t do this then these doctors make this mistake again and again.

Being as a victim’s parent you don’t know about this field and also you are not familiar with the complexities of birth injuries. On the other hand, doctors without telling the reality of the cause of birth damage close the file. To face all these problems and difficulties you need a birth injury attorney who is well-versed in the laws regarding birth injury negligence claims.

A birth injury can be very harmful for a newborn baby because newborn are so delicate and because of doctor’s negligence he/she has to suffer this pain throughout his/her life. The bones of a newborn baby can be easy broken if doctors treat carelessly or non-professionally. It is the duty of every doctor to take much care of a new born baby as compare to their regular patients because a little mistake can change the whole life of a baby. If your child has been the victim of such an injury, you deserve justice, and an experienced birth injury attorney can help you make a strong case.

To choose a right and a professional birth injury attorney you have to look at the previous record of an attorney. It will surely help out you to choose a skilled birth injury attorney. Most attorneys will display the types of cases they have handled in the past and how much compensation they have received for their clients.  Basically these statistics show the whole image of an attorney. You can easily determine which is better for you or not.

Speaking to family and friends about the law firm may also give insight as you look for the right attorney. Most birth injury attorneys also handle medical malpractice cases. Since many people have been the victims of medical malpractice, you may be able to find other people that have had experience with a particular law firm.

Take advantage of a free consultation before filing a law suit. Your gut instinct may tell you whether you trust a certain attorney with your case. Going through this type of lawsuit requires the help of a sensitive attorney who will understand the pain you are going through and the causes and after effects of birth injuries.

Legal Advice for Child Birth Negligence

A birth injury lawyer may be helpful when a newborn is harmed due to a doctor’s negligence during the birth. The injury may be temporary, but most cases involve serious injuries that last a lifetime, or even death. When a birth injury lawyer is obtained, a medical malpractice suit is often filed in order to acquire monetary compensation for the family.

This kind of birth injury attorney usually sets out to prove that the doctor in charge of the birth either failed to notice the signs of infant distress, or did not act fast enough to stop the damage from occurring. As long as there is evidence that the doctor ignored symptoms, did not pay attention to the birth for even a minute, or failed to properly diagnose and treat a condition, the family usually has a case. This is because it usually costs thousands or even millions of dollars over a lifetime to care for someone with a birth injury. Many conditions require therapy, daily medications, special equipment, and even private schools equipped to handle children with such medical conditions. In the case of the death of a baby, funeral costs need to be covered, as well as any emotional or physical injuries to the family.

There are various injuries and medical conditions that may occur at the time of birth, causing a healthy baby to become injured for life or even killed at birth. Brain damage is one condition that may occur when a doctor does not extract the baby fast enough, causing a lack of oxygen to the brain. Hydrocephalus can result from either a bacterial infection or trauma to the brain at the time of birth, and usually causes a large head and developmental delays due to excess cerebral spinal fluid around the brain. Cerebral palsy is another condition that a birth injury lawyer may observe in this field, which causes poor balance and motor skills, seizures, and a delay in learning various physical movements.

One of the main problems that a birth injury lawyer can often discover and sue a doctor for is the use of excess Pitocin to induce labor, which can cause fetal distress. If a mother is discovered to have a blood type that is incompatible with her fetus, or Group B Strep, and is not treated for either issue at the time of delivery, a birth injury lawyer can likely build a case for medical malpractice. In fact, any time when a condition could have been prevented by a doctor paying more attention is grounds for a birth injury lawyer to assess the facts and create a legal case in order to get compensation for a client.

Compensation for Birth Injuries

The growing cases of birth injury bring about the question whether parents should deal with such an issue by themselves or, contact a reputable medical negligence or birth injury attorney. Nowadays, child labor has become such a common medical intervention, that, more often than one might expect, doctors and nurses act on request of patients and, refuse to put too much faith in the natural delivery process. Due to this situation, unnecessary medical intervention is becoming known as responsible for birth injury. Consequently, a whole new group of legal practitioners was born, dealing exclusively with birth injuries.

Needless to say, it is extremely difficult for parents whose babies have been subjected to medical injury, to immediately contact a birth injury attorney, because of several reasons. Firstly, parents might feel guilty for demanding financial compensation for their babies’ medical condition via a lawsuit initiated by the birth injury attorney. However, what they might not know is the fact that a child who has suffered birth injury is very likely to be in need of further medical treatment, in which case the birth injury attorney can secure parent’s interests. What a birth injury attorney can do is obtain a satisfactory monetary compensation from the guilty party, which can be used to cover any unavoidable expenses.

Furthermore, parents should be made aware of the fact that many doctors, nurses and auxiliary medical personnel are prone to committing minor errors, which can contribute to health problems of the newly born infants. For this reason, a good idea would be to contact a birth injury attorney, that would then discuss the issues with the doctor taking care of the pregnant mother and convince him/her to sign a contract with the future parents, which stipulates monetary compensation in case of medical injury. This has two advantages for both the parents and the safety of their child, on one hand, and, on the other hand, to secure the full attention of the doctor. Consequently, not only will the doctor be totally committed to the process of child delivery, but also, the parents will have some sort of comforting evidence for the future medical process, should a need arise.

If the help of a birth injury attorney is required as a result of a cerebral palsy diagnosis, it becomes necessary for the parents of the injured child to contact the lawyer in the shortest possible time, so that he can get the proper information and have the complete evidence for the future court proceedings. Brain atrophy or cerebral palsy spastic behaviors are just two of the worst outcomes of birth injury that children can fall victims to. Obviously, a birth injury attorney with an expert background will know precisely how to deal with the demands and compensations in such cases in a way in which parents will not feel guilty or uncaring.

Finally, it is very important that parents keep an eye on their newly born after the delivery, because mechanical traumas or oxygen deprivation can occur as a result of an improper medical process, leading to more severe health problems that will cause severe long-term ailments. If there’s as suspicion that the badly managed child labor has affected the condition of the baby, the most important thing is that parents contact their legal representative, and secure the financial support for their handicapped child.

Birth Injury

While the birth of a child should be a happy, joyous occasion, parents must also recognize the risk that a birth injury could occur. In particular, with the great amount of pressure put on the child, it is not uncommon at all for that infant to suffer temporary injuries. However, as doctors assist in child-birth, they may actually be increasing the stresses put on that infant, leading to even greater possibilities for birth injury. For instance, physicians who use forceps during the child’s delivery can cause nerve damage to the infant. This nerve damage can manifest in temporary or permanent facial paralysis.

The causes for facial paralysis can extend beyond the delivery procedures a physician decides to undertake. Before accepting pain medication, hospital staff should inform you of the risks of that medication, including warnings that epidural pain reducers and drugs to create stronger contractions both contribute to infant paralysis. A larger, heavier child can also add to the possibility of suffering paralysis, as can an extended labor period.

For newborns, the damage or pinching of the major facial nerve can lead to temporary or permanent paralysis of the facial features. To diagnose this paralysis, parents should pay special attention to their child’s appearance while crying. As the face distorts, if the lip does not move symmetrically or eyelids do not close fully, facial paralysis may be a reasonable concern.

Although some cases of paralysis are temporary, permanent paralysis may require treatment options to make the most out of the child’s motor functions. These treatments can be expensive and painful for the young child, and, in some circumstances, could have been avoided had the physician working on the delivery been more careful with the use of forceps. To learn more about how parents can fight against the wrongs their children have suffered, contact a birth injury attorney today.

Birth Injury

Every day there are millions of babies born all around the world and mothers of those babies are overjoyed as they begin their new journey of motherhood with their small bundle of joy. The birth of your baby should be a joyous moment. Unfortunately, this day can be marred by an act of negligence or carelessness on account of your doctor, a nurse, or the hospital. Incidents of birth injury medical malpractice can change your life and the life of your baby forever – leading to paralysis, nerve damage, permanent disability, and even death. Studies indicate that for every 1,000 babies born in the United States, six babies will suffer some type of birth injury. [Remember to hire a Birth Injury Attorney]

Here are some of the most common birth injuries which occur due to doctor’s negligence or irresponsible medical staff.

Fractured Bones:

This is the most common birth injury which usually occurs during difficult births or breech delivery. In some cases, the baby recovers quickly once the bone is immobilized but in some cases the baby has to suffer this loss through his/her whole life.

Subconjunctival Hemorrhage:

In this injury bright red band occur around the iris of one or both of the baby’s eyes. This injury is not much harmful for the child and also does not damage the eyes. These red bands normally disappear completely within a week to ten days.

Bruising and Forceps Marks:

This injury normally occurs on the face or head of the baby. Usually these marks appear passing though the birth canal, and from associated contact with the mother’s pelvic bones and tissues. These marks also appear on the baby’s head by using forceps during delivery process.

Brain Birth Injury:

Birth difficulties can result in oxygen deprivation to the baby as a result of blood loss, or the twisting or compression of the umbilical cord. Prolonged oxygen deprivation can cause brain damage, and may result in seizure disorders, cerebral palsy, or mental impairment. These mistakes can lead serious, life-altering injuries. Misuse of forceps could lead to nerve damage and paralysis in the face, shoulders, and arms (cerebral palsy).


This term refers to bleeding between a bone and its fibrous covering. With regard to childbirth, this type of injury is normally seen on the baby’s head. A cephalohematoma will normally resolve within two weeks to three months. If a cephalohematoma is mainly large, the baby may become skeptical as the red blood cells break down.

Facial Paralysis:

This injury will normally occur by applying pressure on the baby’s face during labor or birth or by using forceps during the childbirth process. If a nerve is merely bruised, the paralysis will ordinarily clear up within a few weeks. With more cruel nerve damage, it may be essential to surgically fix the damaged facial nerves.

Brachial Palsy Injuries:

This injury occurs when the brachial is injured. This injury most often results from “shoulder dystocia”, a term which explains birth complexities which result when the baby’s shoulders damage its passage through the birth canal. If a minor injury will occur, the baby will ordinarily recover within three months. But in severe cases there may be permanent nerve damage, and physical therapy and surgery may be required.

These errors can lead serious, life-altering injuries. If you believe your child was the victim of a birth injury caused by medical malpractice, contact a birth injury attorney. Because it is the right and the most appropriate way to claim for the justice of your child.

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