More About Birth Injuries and the Medical Malpractice Connection

Birth injuries range from mild to severe, ranging from minor bruising to nerve or brain damage. Most medical malpractice actions are filed against doctors who have failed to use reasonable care to treat the patient. Medical error can cause birth injuries, or can increase their severity or permanence. Medical errors which may support a malpractice action include:

• Failing to anticipate birth complications with a larger baby, or in cases involving maternal health complications;
• Failure to respond appropriately to bleeding;
• Failing to observe or respond to umbilical cord entrapment;
• Failure to respond to fetal distress (including irregularities in the fetal heartbeat);
• Delay in ordering cesarean section (c-section) when medically necessary;
• Misuse of forceps or a vacuum extractor during delivery;
• Inappropriate administration of Pitocin, a synthesized hormone used to induce or augment (speed up) labor.

Common complaints heard from mothers whose child was diagnosed with a birth injury include:

• "The physician waited too long to do a C Section."
• "The physician failed to diagnose fetal distress during labor."
• “The fetal monitor strips were interpreted incorrectly.”
• “Medical care providers did not act soon enough when my water broke; or when I was bleeding; or when my labor didn’t progress; or when my blood pressure became elevated.”
• “I was given too much Pitocin.”
• “I was not referred to a specialist when it was determined that my pregnancy was high risk.”
• “There was not a pediatrician present when my baby was delivered.”

Birth Injury Questions & Answers

What are the most common types of birth injuries?

• Cerebral palsy
• Shoulder dystocia
• Erb's palsy/brachial plexus injuries
• Brain injury caused by improper use of vacuum extractors
• Untreated jaundice

Does cerebral palsy affect everyone the same way?
No. There are four classifications of cerebral palsy:

(1) Spastic - occurs when the muscles are too tight. Patients will have stiff and jerky movement and will often have difficulty letting go of something in their hand. Spastic cerebral palsy is divided into these subcategories:

• Diplegia - affects both arms or both legs
• Hemiplegia - affects limbs on one side of the body
• Quadriplegia - affects all limbs
• Monoplegia - affects only one limb
• Triplegia - affects three limbs

(2) Ataxic - occurs when the muscles are too weak. Patients will be shaky and unsteady. They will often have very poor balance and be extremely unsteady when they walk.

(3) Athetoid - occurs when the muscles fluctuate between being too tight and too weak. Patients will have involuntary movement in the face and arms, and will have difficulty holding themselves in an upright position.

(4) Mixed - occurs when the muscles are affected in a combination of any of the types listed above.

What are the most common Erb’s Palsy injuries?
There are four types of Erb’s Palsy (brachial plexus) injuries:

• An avulsion - the nerve is torn from the spine.
• A rupture - the nerve is torn but not where it attaches to the spine.
• A neuroma - occurs where scar tissue has grown around the injury putting pressure on the nerve resulting in reduction of signals to the muscles.
• Praxis - the nerve has been damaged but not torn.

What should I do if I suspect medical negligence caused my child’s birth injury?
As soon as you suspect that negligence may be the cause of the birth injury in your baby, you should contact an experienced birth injury attorney. It is necessary to gather facts and evidence early. There is a statute of limitations for filing medical malpractice claims, so do not delay.
 

Additional Legal Resources – Personal Injury Lawyers and Accident Attorneys Nationwide

• Consultwebs.com can assist in making recommendations if desired. More Information from Consultwebs.com: Cerebral Palsy Lawyers
• Belluck & Fox - New York, NY - Motorcycle Accident Attorneys - U.S. - 1-866-6ACTION
• California Injury Lawyers - The Nielsen Law Group provides legal services throughout California for personal injury, workers compensation, social security disability, family law & divorce.
• Cerebral Palsy Attorney - Serving the U.S., Offices in MD, DC, PA, and SC - 1-888-4-MEDLAW
• Wilmington, NC Personal Injury Attorney - The Flexner Law Firm: Personal Injury, Workers' Compensation, Wrongful Death, Medical Malpractice, Wilmington, NC
• Glenn, Mills & Fisher, P.A., Cerebral Palsy Personal Injury, Professional Malpractice, Employment Discrimination, Civil Rights, Wills and Estates, Durham, NC, 919-683-2135
• Illinois Personal Injury Lawyers - Salvi, Schostok & Pritchard, P.C. handling personal injury lawsuits throughout IL, including Chicago.
• New York Injury Attorneys – Scott C. Gottlieb & Associates: NY Personal Injury, Medical Malpractice, Wrongful Death, Rochester, Syracuse, Watertown, Elmira, NY - (800) 825-5529
• Charlotte, NC Personal Injury Lawyers - With offices throughout North Carolina, Ted A. Greve & Associates handles accident and injury claims statewide. - (800) 984-7383
• Paul A. Samakow, P.C. - Personal Injury Lawyers, Vienna, VA - (703) 761-4343, Wheaton, MD - (301) 949-1515
• Teague & Glover, P.A., Cerebral Palsy Personal Injury lawyers, Elizabeth City, North Carolina - (252) 335-0878
• Charlotte Personal Injury Lawyers - Teddy & Meekins: Personal Injury Attorneys, Shelby, NC - serving Cleveland, Rutherford and Lincoln counties - Phone 704-487-1234

Our Website Sponsors

• Personal Injury Lawyers
• North Carolina Personal Injury Lawyers
• Web Site Promotion
• North Carolina Attorneys
• Legal Resource Links

Birth Injury Lawyers & Attorneys Notice

While most doctors, nurses, midwives, and hospital technicians provide a high standard of care for their patients, unfortunately, many families are harmed by medical mistakes. Parents of a child suffering with a birth injury should contact an experienced injury attorney to research the cause of their child’s condition. Medical mistakes are responsible for many birth injury cases and it would be impossible for a parent, alone, to determine if medical malpractice caused their child's injury. It is only through the dedicated and thorough efforts of a legal and medical team that the cause can be ascertained.

--------------------------------------------------------------------------------------------------------------------

Alabama   |   Alaska   |   Arizona   |   Arkansas   |   California  |   Colorado  |   Connecticut   |   Delaware   |   Florida   |   Georgia   |  Hawaii   |   Idaho   |   Illinois  |  Indiana   |   Iowa  |   Kansas   |   Kentucky   |   Louisiana   |   Maine  |   Maryland  |   Massachusetts     |  Michigan   |   Minnesota   |   Mississippi  |   Missouri   |   Montana   |   Nebraska   |   Nevada   |   New Hampshire   |   New Jersey   |  New Mexico   |   New York  |   North Carolina  |   North Dakota  |   Ohio   |   Oklahoma   |   Oregon   |   Pennsylvania   |   Rhode Island   |  South Carolina  |  South Dakota   |   Tennessee   |   Texas   |   Utah   |   Vermont   |   Virginia   |   Washington   |   West Virginia   |   Wisconsin   |   Wyoming