Birth isn’t easy under the best of circumstances. No matter how difficult the experience is, you always want to trust that the medical professionals you’re collaborating with have your child’s best interests at heart. However, medical professionals can often do considerable harm to a child they meant to help.
If you believe your child’s injuries were caused by medical negligence, you may consider filing a birth injury lawsuit to seek compensation for the damages.
You can collaborate with The Law Office of Cohen & Jaffe, LLP to determine whether or not your child’s nerve injuries stemmed from a medical professional’s negligence after giving birth. If it seems like negligence played a role in your child’s long-term injuries, our birth injury attorneys can help you fight for the financial support you need to recover.
Understanding Birth Injuries
Birth injuries are physical injuries that occur to a newborn during the birthing process. These injuries can range from minor bruises to severe nerve damage, and they can have long-lasting effects on a child’s health and development. Understanding the different types of birth injuries and their causes is crucial for parents who may need to seek legal recourse.
What Are Common Nerve Injuries at Birth?
Nerve injuries are a prevalent type of birth injury that can occur during delivery. One of the most common areas affected is the brachial plexus, a network of nerves that control the muscles of the shoulder, arm, and hand. When these nerves are damaged, it can result in conditions such as Erb’s palsy and Klumpke’s palsy. Erb’s palsy affects the upper part of the arm, leading to weakness or paralysis, while Klumpke’s palsy impacts the lower part of the arm and hand.
Another common nerve injury is facial paralysis, which occurs when the seventh cranial nerve is damaged during delivery. This can result in a lack of movement on one side of the face. Additionally, cerebral palsy is a severe condition that can arise from nerve injuries at birth. It affects movement, muscle tone, and posture, and can also impact eating, language, and cognitive abilities.
Causes of Birth Injuries
Birth injuries can result from a variety of factors, including medical negligence, improper care, or unforeseen complications during delivery. Medical negligence is a significant cause and can include errors such as the use of excessive force during delivery, failure to monitor the baby’s position, and not responding appropriately to fetal distress. Improper care can also lead to birth injuries, such as failing to perform a necessary cesarean section or not using proper delivery techniques.
What Negligence Can Cause Newborn Nerve Injuries?
The doctors and nurses who oversee childbirth in today’s hospitals generally want what’s best for a baby and their mother. Unfortunately, giving birth is a less-than-straightforward process. Children can breach, face the wrong direction, or otherwise require redirection.
While medical professionals may have the training they need to adjust for these surprises, they can’t always prevent themselves from making accidents. In some circumstances, medical professionals may have to choose between safely repositioning a child and protecting a mother from further physical harm.
Complications such as shoulder dystocia, where a baby’s shoulders become stuck in the birth canal, can lead to nerve injuries like Erb’s palsy. In these cases, pulling, twisting, and the use of tools like medical vacuums or forceps may endanger a child’s long-term nerve functions. While some of that damage may heal over the course of the next few days, it can sometimes stay with a child for the rest of their life.
Can Negligence at Birth Cause Erb’s Palsy?
Some of the most common nerve injuries that result from medical malpractice at a child’s birth can include neuropraxia and ruptures. In some cases, the damage to a child’s nerves may prove so severe that the nerves end up severed. This is referred to as an avulsion.
Children can also develop Erb’s palsy at birth if they’re not treated with care. Severe contractions can leave a child with injuries to the brachial plexus, brain, and spinal cord, all of which may result in temporary or permanent paralysis. In severe cases, medical negligence during delivery can also lead to brain damage, which may result in conditions like cerebral palsy.
Can You Classify Birth Injuries as Medical Malpractice?
There are ways to classify the harm done to a child’s nerves at birth as a medical malpractice claim. If the medical professionals on standby failed to provide a child and their parents with a reasonable standard of care and caused injuries as a result, their hospital may prove liable for that family’s losses.
Filing a medical malpractice lawsuit requires proving that the medical professionals failed to meet the standard of care, resulting in the child’s injuries. Proving that medical professionals engaged in conduct that fell below an approved standard of care can prove challenging, though. The term “reasonable” can have variable definitions in a court of law, even in the face of a child’s long-term nerve injuries.
Fortunately, you have experienced birth injury attorneys on your side. We can define the standard of care you and your child were supposed to receive before bringing together the evidence needed to prove that medical professionals violated your trust. Our relationship with expert witnesses can help establish the foundation of your case.
Effects of Nerve Injuries on Newborns
Nerve injuries can have a profound impact on a newborn’s life, affecting their physical abilities and overall development. The severity of these injuries can vary widely, and understanding the potential effects is essential for parents seeking justice and compensation.
Severity of Nerve Injuries
The severity of nerve injuries can range from mild to severe. Mild injuries might cause temporary numbness or weakness, which can often be resolved with prompt medical treatment. However, severe nerve injuries can lead to permanent paralysis or disability, significantly impacting a child’s quality of life. The extent of the damage, the location of the injury, and the timeliness of treatment all play crucial roles in determining the severity of the injury.
In some cases, severe nerve injuries can result in lifelong challenges, such as cerebral palsy, Erb’s palsy, and Klumpke’s palsy. These conditions can affect a child’s ability to move, communicate, and perform daily activities, requiring ongoing medical care and support.
For families affected by birth injuries, seeking justice and compensation is vital. An experienced birth injury lawyer can provide the necessary guidance and support throughout the legal process, helping families navigate the complexities of medical malpractice claims and birth injury lawsuits. If you suspect that your child’s birth injury was caused by medical negligence, it’s crucial to act quickly and seek the advice of an experienced birth injury attorney. The statute of limitations for birth injury cases varies by state, so obtaining legal advice promptly is essential to protect your family’s rights.
How Can You Fight for Compensation After a Child’s Birth Injuries?
If you decide to bring a child’s birth injury case forward in civil court, what damages can you request from a liable institution? Most medical institutions have a responsibility to provide you with support for your economic and non-economic losses, which can include the following:
- The birthing partner’s pain and suffering
- The child’s pain and suffering
- Medical expenses, including the cost of giving birth
- Coverage for upcoming surgeries
- Disfigurement
- Temporary or permanent disability
Filing a birth injury lawsuit can help you seek compensation for your family’s various damages. When you meet with our team for a free case assessment, we can help you determine which of these losses you can integrate into your claim.
How Can You Meet the Court’s Burden of Proof?
If you want your nerve injury case to move forward in civil court, you must bring forward enough evidence to prove that medical professionals violated the duty of care owed to you and your child. This is where our team steps in.
We make a point to connect you with medical professionals who can investigate whether or not your birthing staff’s behavior fell beneath the industry’s standard of care. Third-party assessments of your child’s health can also go into detail about the extent of your child’s injuries and the ways attentive professionals might have mitigated your losses.
Book a Free Case Consultation With Birth Injury Lawyers
As a child’s parent or legal guardian, you have the right to take action against medical institutions and individuals who cause your child to suffer nerve injuries at birth. You can collaborate with a birth injuries attorney working with The Law Office of Cohen & Jaffe, LLP to discuss what kind of compensation you may receive from your pursuit of support.
Our team brings years of experience to your fight for justice. You can count on us to break down your rights to legal compensation and the various ways you can go about fighting for it in your effort to get your life back on track. Call (866) 580-1960 or reach out to our team online for more information. For more information, visit our Law Office of Cohen & Jaffe, LLP YouTube Channel.
