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Childbirth is one of life's greatest miracles. There is often no greater joy than creating and watching your child emerge into the world, take their first breaths, and begin their lives. However, though we live in an age of technological and medical advancement, birth injuries still occur. Whether they were caused by medical negligence or medical malpractice, a birth injury may severely affect your child for the rest of its life.
If your child suffers a birth injury, what should a happy moment of your life is changed into what could be a lifetime of hardship for your child. Not all birth injuries are permanent, as some may heal relatively quick, but there are many other birth injuries that can have long-lasting consequences that negatively affect your child and your family.
At Colling Gilbert Wright & Carter, our birth injury lawyers have the experience to help you in this trying time and to get the compensation you need to help your child have their best life.
Some of the most common birth injuries include:
- Cerebral palsy: Cerebral palsy is a permanent disability that causes a host of issues including deficiencies with motor skills, breathing, problems with seizures, perception problems, and incontinence.
- Erb’s palsy: Erb’s palsy is caused by injury to the brachial plexus nerve near the shoulder. In serious cases of Erb’s palsy, the injury can be permanent with symptoms such as upper body paralysis, lack of arm movement, and inability to control muscles.
- Shoulder dystocia. This condition can happen if a baby’s shoulder is trapped against the pelvic bone during childbirth. Obstetrical malpractice may have occurred if your physician didn’t perform the proper exams and tests to determine your child’s risk for shoulder dystocia.
- Kernicterus: This condition is a form of brain damage that can affect newborns who have jaundice. While most newborns have a certain level of jaundice, if your doctor doesn't diagnose and treat the condition correctly it can seriously affect the baby’s brain and neurological system.
Many birth injuries are caused by a lack of oxygen to the infant's brain called hypoxia. This can happen if the head is in the birth canal too long or if the doctor improperly uses vacuum devices during childbirth. This condition can have permanent effects as well as severe medical complications including death, coma, seizures, breathing problems, and brain damage.
Obstetrical malpractice is a form of medical malpractice in which your OB/GYN performs their duties outside of the standard of care expected from other physicians under the same or similar conditions. Just as your OB/GYN has a duty to diagnose and treat complications prior to and during labor, all healthcare professionals involved in the birthing process have a duty to watch for and treat the infant and mother.
When any medical professional fails in their duty, deviates from the accepted standards of care, or is negligent and injury or death results, it's your right to hold them responsible and pursue compensation in a medical malpractice lawsuit.
This is not an exhaustive list of birth injuries, as there are many forms of complications that can arise from medical negligence and malpractice. Our experienced lawyers are here to help you understand your rights and options if you experience a traumatic event such as a birth injury to your child. If your child suffered an injury at birth and you need assistance, please call us today at 407-712-7300 to schedule your free consultation. Our firm proudly represents those in need who live in Orlando, the Four Corners, Tampa, and other nearby areas of Florida.