You have plans for your child’s well-being and plans for their future. From all accounts, your child will be healthy. However, medical professionals could act recklessly and injuries could occur during birth.
Birth injuries range from mild to severe and may be mental, physical, cognitive, and emotional. Often, such injuries are preventable.
Labor and delivery nurses, physicians, and other staff are trained to expect problems and resolve them quickly so that you and your baby are safe. All medical professionals are obligated to try to prevent birth injuries. In situations where your baby suffers from a complication of birth, the hospital or staff may be held liable.
If you believe your baby is suffering from birth injuries, no matter how minor, contact Litster Frost Injury Attorneys to schedule a consult. We will discuss with you the work and research needed to determine initial steps as well as how we will handle your case if you choose to work with us.
Birth Injuries Are Not Birth Defects
- A birth injury is not the same as a birth defect. A birth defect is when your baby was genetically predisposed to have a birth defect, whereas a birth injury happens during labor and/or delivery.
- The birth injury and medical malpractice attorneys at Litster Frost Injury Lawyers know that other attorneys use tactics such as these.
- Evidence of birth injury is important in helping our attorneys prove the injuries are birth injuries and not birth defects.
We have been helping families who have experienced suffering caused by medical malpractice in Boise and the rest of Idaho for years. Let us help you too.
TOP 7 FACTORS THAT AFFECT CAR ACCIDENT CLAIMS
- Oxygen Deprivation
- Gestational Diabetes
- Cephalopelvic Disproportion
- Not Following Procedure
- Delayed Treatment
- Incorrect Treatment
Oxygen deprivation is caused by failure to monitor labor and delivery. Nurses and obstetricians should be monitoring fetal monitors and should be able to interpret the tracings to ensure the baby has enough oxygen.
* While these are not the only causes of birth injury, they are very common and often result in serious injury.
COMMON BIRTH INJURIES
Brain Damage & CP
Brain damage is usually caused by hypoxic ischemic encephalopathy (HIE). HIE is the most common form of birth asphyxia and is due to the baby’s brain not getting enough blood flow or oxygen close to or at the time of birth. If oxygen is lacking, brain cells may die, resulting in brain damage. Brain damage causes physical and mental disabilities.
Brachial Plexus Injuries
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.
DAMAGES YOU MAY BE ENTITLED TO
Medical Expenses and/or Rehabilitation
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.
HOW TO PROVE A BIRTH INJURY LAWSUIT
Get treatment ASAP.
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.
Hold on to all medical records.
Keep all information regarding doctors appointments and other medical needs, including copies of hospital bills.
Give proof of responsibility.
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.
Provide evidence of a breach.
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.