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March 10, 2022

Birth Injury Health Law: What To Do If Your Child Has Been Injured During Delivery

Close-up of Hands Holding Baby Feet

Being born into this world is always a miracle for every child. Every pregnant mother wants to deliver her baby without any complications. However, birth injuries create lifelong health problems for the child. In fact, 7 out of 1000 newborn babies get a birth injury due to several factors involved during labor. Also, awareness about birth injury and its law is non-existent. That’s why most parents do not file a legal claim if their child has a birth injury. Here, you’ll know everything about birth injuries and your legal options. So, keep reading further. It’ll help you decide the best for your child in the future.

Let’s begin!

What is a Birth Injury?

Suppose a newborn baby gets any harm before, during, or after the delivery process. In that case, it is called a birth injury. The child’s suffering can be a minor one or a major one. Most times, minor birth injuries heal themselves without any medical treatment. However, in major birth injuries, your child needs proper medical treatment. Also, major birth injuries can create lifelong chronic conditions that can become untreatable. As a result, your child can also become permanently disabled and not lead a normal and healthy life.

Taking legal action after a birth injury should be done with the assistance of an expert legal firm. So, you can get the compensation that your child deserves. Suppose you have to deal with a birth injury situation, and you don’t know the best way to get compensation. In such a case, Birth Injury Justice Center is your go-to.

What Are Some Common Types of Birth Injuries?

Birth injuries create painful conditions for a child for life. Here are some common examples of birth injuries.

Brain Damage

Brain damage can happen if a child gets a serious head injury during the delivery. Also, brain damage can create physical and neurological impairments. Here are some causes of brain damage.

  • The child getting low oxygen during the delivery
  • Bleeding happened in the brain
  • Physical injury to the brain during the delivery
  • Choking due to umbilical cord
  • Brain infection

Your child can fully recover from brain damage in most cases. But brain damage can also create a permanent disability.

Cerebral Palsy

Cerebral palsy is a lifelong condition that has no cure. It is a severe condition where an individual does not have muscle control, speech smoothness, and proper development. Here are some causes that create cerebral palsy.

  • Bleeding in the head
  • Fever
  • Brain infection
  • Stroke
  • Lack of oxygen
  • Medical negligence

Cerebral palsy cannot be cured, but it can be managed, and individuals can live independent lives.

Erb’s Palsy

Erb’s palsy is paralyzing of the hand, shoulder, or arm. It happens due to an injury to the brachial plexus nerve during childbirth. With treatment, children with Erb’s palsy can entirely recover. However, in very rare cases, recovery is not possible.

Hypoxic Ischemic Encephalopathy(HIE)

HIE is a condition where a child gets seizures, hearing loss, vision loss, or feeding issues. It is a long-term condition, which can happen due to the following.

  • Long labor
  • Wrong fetus position
  • Placental bleeding
  • Umbilical cord prolapses

Spinal Cord Injuries

Due to spinal cord injuries, a child can lose the sense of touch or the ability to move. Spinal cord injuries are irreparable and happen due to medical negligence during childbirth. Treatments can lessen the effects of spinal cord injuries, but permanent healing is never possible.

What are the Symptoms of Birth Injuries?

Physical symptoms of birth injuries include:

  • Blindness
  • Deafness
  • Developmental issues
  • Floppy muscles
  • Stiff muscles
  • Movement inability

Intellectual symptoms include:

  • Learning difficulty
  • Communication issues
  • Poor organization skills
  • Short attention span

Other symptoms can include:

  • Excessive sleep
  • Seizures
  • Loud crying

What is the Cause of a Birth Injury?

Birth injuries can occur due to several factors that include:

  • Fetal health issues
  • Maternal health issues
  • Medical malpractice
  • Medical negligence

Also, sometimes, it is impossible to tell what did cause the birth injury.

How to Diagnose Birth injuries?

Some birth injuries can be diagnosed right after birth, and some can go unchecked for years. Here are ways to detect birth injuries.

  • Apgar Score: A high score in the Apgar test means good health. Doctors perform an Apgar test after the delivery. It detects birth injuries.
  • Brain Imaging: It can detect brain damage by using CT scans and MRIs.
  • Umbilical Cord Blood Gas Analysis: It tells whether the child suffered from HIE or not.

What to Do If Your Child Had a Birth Injury?

If your child had a birth injury, you have to determine whether it is due to medical malpractice or not. So, use everything to diagnose birth injuries after the delivery and determine the cause of birth injuries. Suppose the birth injury is due to medical malpractice or negligence. In that case, you are entitled to compensation according to birth injury health law. So, file your lawsuit and get compensation.

Conclusion

Birth injuries can happen due to several factors, including the fetus and maternal health, medical malpractice, and medical negligence. So, you must determine the cause of birth injury. If it is medical malpractice and negligence, you should file a lawsuit. So, you can get the compensation that’ll help you treat birth injuries.

 

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Hey :) I'm Cass and my blog Stayful is all about living the full life. I love to review hotels and write about anything lifestyle. I'm passionate and creative about everything I do in life. Travel is a top contender for my free time, but I also like to play with technology and decor.

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About Me

Hey :) I'm Cass and my blog Stayful is all about living the full life. I love to review hotels and write about anything lifestyle. I'm passionate and creative about everything I do in life. Travel is a top contender for my free time, but I also like to play with technology and decor. Read More…

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