What To Do If Your Child Is Injured At Birth
The foremost thought in any parent's mind is the safety of his or her child. Unfortunately it's not that easy to guarantee your son or daughter the happiness or safety that you wish for. Even during the birth, both the mother as well as the baby can be at serious risk. Even with a competent doctor, injuries during birth happen quite frequently all over the world. In the United States, a birth injury happens in seven out of every 1,000 births.
Types of Birth Injuries
Birth injuries range from mild to severe and, if not diagnosed properly, can result in any of these injuries:
- Cerebral palsy
- Brachial plexus
- Erb's palsy
- Bone fractures
- Nerve and spinal cord injuries
- Oxygen deprivation
- Brain damage
- Subdural hematoma
- Intracranial hemorrhage
- Cephalohematoma
- Meningitis
- Cranial nerve trauma
What to do when your infant is injured
A doctor or a lawyer cannot undo an injury during birth, but proper and attentive medical care can go a long way in helping the recovery process of the child. Competent birth injury lawyers can assist families with their knowledge and expertise in complicated claims against health care providers.
Some Common Types of Birth Injuries and Their Respective Symptoms
The birth of a child is exciting and touching for any expecting family -- but it can be unpredictably shocking when a birth injury occurs. Many parents are uncertain of exactly how it happened, who to ask for help, or how to pay huge medical bills.
Types of Birth Injuries
While the majority of births have no major problems, about six in every 1,000 babies in the United States suffer birth injuries each year. Birth injuries can be both mild and severe, and may result in temporary or permanent effects. Some common birth injuries and their symptoms are:
Cerebral palsy:
- Deficiency of movement in muscle
- Shudders
- Lack of coordination
- Stiffness of muscles
Brachial plexus palsy:
Diagnosing brachial plexus palsy in newborns and young children is more complex, since they cannot explain the pain or sensation precisely.
- Hand limpness
- Weakness or arm paralysis
- No proper control in the shoulder, arm, wrist, or fingers
- Facial paralysis on the damaged side
Erb's palsy:
Erb's palsy may not be permanent but it can have long-term or short-term side effects.
- Paralysis
- Sensation loss
- Lack of muscle control
- Limb asymmetry
If your child has faced any kind of birth injuries, do not hesitate to call an experienced birth injuries lawyer in South Carolina.
In the News: Notable Malpractice Lawsuits in New Jersey
Do you ever wonder what happens to the victims of wrongdoing by health care professionals? Do they receive the compensation and justice that they deserve? The following are a few notable cases of NJ medical malpractice that occurred recently.
18.5 Million Dollars Awarded to Family of Cerebral Palsy Victim
According to an article published by the Star Ledger in 2010, a 12-year old boy and his family were recently awarded $18.5 million in a medical malpractice suit. The family contended that the boy developed cerebral palsy after an unnecessary delay in the Cesarean-section that resulted in his birth. The suit was filed against Beth Israel Medical Center in Newark, naming both the hospital, and the obstetrician, Dr. Joan Lieser, as responsible parties. The trial took place in Essex County, during which the jury heard testimony about the birth of the boy, Darius Morgan.
The attorney for the family argued that if Darius had been born only eight minutes earlier that day in 1998, he would have been perfectly healthy. Because of the delayed Cesarean, however, he now requires intensive, lifelong care. Although the suit had originally been filed by the mother of the boy in 2002, she did not live long enough to see a resolution to the case. Instead, she passed away in 2004, and the boy was adopted by his great aunt, Darlene Kim, in 2007.
$81,000 Fine and Six Month Suspension Given to Doctor for Operation on Wrong Lung
According to the State Board of Medical Examiners, in 2008 a surgeon was found guilty of not only removing the wrong lung of a patient, but lying in an attempt to conceal his egregious error.
The surgery was intended to remove a tumor in the left lung of the patient. Instead, a portion of the right lung was removed accidentally. The original tumor remained in the body. The surgeon then falsely told the patient that it was actually his right lung that contained a tumor, and changed related medical charts to reflect the false information. It is believed that the physician simply failed to check the chart of the patient, or make himself aware of the details of the surgery before performing it.
The surgeon in question, Santusht Perera, only received a penalty for what the board determined was gross negligence on his part.
Information provided by the NJ malpractice lawyers of:
Lynch Law Firm, A Professional Corporation
45 Eisenhower Drive, Paramus, NJ 07652
(800) 656-9529
Birth Injuries: Frequently Asked Questions
The Washington DC birth injury lawyers of Nash & Associates answer some frequently asked questions about birth injury medical malpractice cases.
1. How many children have cerebral palsy?
An estimated 6,00010,000 infants and children are diagnosed with this condition each year. It is estimated that somewhere between 500,000 to 750,000 children and adults in the United States manifest one or more symptoms of cerebral palsy.
2. How can Social Security insurance help me?
People often associate Social Security benefits with the elderly, but a person with a disability that inhibits his or her ability to work may be eligible for Social Security insurance benefits (SSI). This applies to children under the age of 18. The amount of benefits to which your child may be entitled varies. We have the resources available to assist you in determining whether your child may be eligible for SSI benefits.
3. Should I set up a special needs trust for my child?
A special needs trust is generally a good idea for a child who requires specific medical care, should anything happen to the child's legal guardians. In addition to what the government may provide, this trust grants supplemental care to your child and stipulates the specifics about his or her medical needs. In instances where your child may receive SSI benefits, a special needs trust is necessary to protect SSI benefits and still get the benefit of financial recoveries through litigation. It may be possible to leave your assets directly to a loved one with directions to care for your child. A special needs trust may even be established to prohibit any disinheritance or vulnerability of those assets to creditors or collections in times of financial distress.
Nash & Associates is here to assist families in the recovery of damages resulting from these devastating birth injuries. We strive to answer all of your questions on your child's birth injury and provide you with a thorough, timely, and detailed analysis of any potential lawsuit. We are here to answer any questions you may have as to whether your child's injuries have been the likely result of medical negligence before, during, or after your child's birth.
Nash & Associates - Washington DC Birth Injury Lawyers
1025 Connecticut Avenue, N.W.
Suite 1012
Washington, D.C. 20036
800-690-7895
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