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SOME PREVENTABLE CAUSES OF BIRTH INJURY
Cephalopelvic disproportion is when the baby’s head is too big to fit through the mother’s pelvis. This is a condition that should be diagnosed and treated before or during labor and delivery.
Not Following Procedure
Some birth complications may be missed by failing to do procedures such as blood tests, brain-cooling treatments, and ultrasounds.
Not informing the mother of the benefits and risks of certain procedures may also be considered negligent care. For example, if Pitocin is used to induce labor and the mother isn’t warned of the potential side effects if the drug is not administered properly, this could be a form of negligence, especially if it causes complications during birth.
Delaying treatments such as a necessary C-section may also cause birth complications and injuries.
Providing incorrect treatment for a procedure and the improper use of delivery tools may also cause birth injuries.
* While these are not the only causes of birth injury, they are very common and often result in serious injury.
This is also known as Erb’s palsy. Injury to the group of main nerves in the upper arm causes the arm to be weak or paralyzed. Generally, this is caused by a difficult birth where the baby’s shoulders have trouble going past the mother’s pubic bone.
Seizures are usually caused by oxygen deprivation, nerve damage, problems with brain chemistry, or high fever. Generally, you’ll see seizures in children who were injured during birth. The seizures usually appear just after birth.
Otherwise known as brain bleeds, intracranial hemorrhages happen due to a medical error or mismanaged labor and delivery.
You may be entitled to reimbursement of medical expenses for the labor and delivery, plus current and future medical expenses for treatment related to the birth injury.
You may also be reimbursed for rehabilitation, counseling, therapy, and special medical equipment costs.
You may receive a measure of comfort when compensated for emotional distress, pain, and suffering.
You could recover wages lost due to being unable to work, since you have to care for the disabled child.
Birth injury lawsuits may also be able to provide you with a life-care plan. This plan covers lost wages, medical expenses, adaptive equipment, in-home care, or even the costs of an institution.
Make sure your child is being treated for his or her brain injury complications. Don’t wait for a settlement to get treatment or the baby’s condition could worsen.
Keep all information regarding doctors appointments and other medical needs, including copies of hospital bills.
To have a valid medical malpractice lawsuit, you must show that the doctor or hospital was responsible for your baby’s care at the time the birth injury happened.
You must have evidence that the hospital staff, doctors, or other medical staff who caused the birth injury were not being responsible while you and your baby were under their care. You must also be able to prove that those responsible breached their duty of care.
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According to Idaho law, you must file a lawsuit within two years of your child’s injury. However, there are some special cases.