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Should You Seek an Attorney for Birth Injuries?

New Jersey Birth Injury Attorneys

127522184-xs.jpgPregnancy can be a stressful time for parents, especially as the due date approaches and the "what ifs" of childbirth become increasingly more perceptible. In most cases, parents' fears and apprehensions are alleviated over time, and the result is a positive, relatively unproblematic experience. Unfortunately, there are exceptions where a parent's fears are actualized, and a child is injured during the birthing process.

While not all instances of birth injury can be prevented, medical practitioners certainly play a pivotal role in the process of childbirth. If there is any indication of medical malpractice, families deserve to be compensated in any way possible. This is especially true for children who suffer life-long effects of birth injury, as exemplified below. If your child has been injured as a result of a professional's negligence, see how our New Jersey birth injury attorneys can help.

Types of Birth Injuries

Because childbirth is such a physically demanding task and infants are so vulnerable, there are numerous ways in which a child may be injured in the process. This is why obstetricians and accompanying professionals undergo such extensive training in their fields: to mitigate any possibility of injury to mother or child. If a professional is negligent in his or her duties, however, the child may easily sustain injuries that result in long-term health problems. Some of the most common birth injuries include:

  • Cerebral palsy
  • Erb's palsy
  • Klumpke's palsy
  • Hypoxia (oxygen deprivation)
  • Nerve injuries of the brachial plexus
  • Infection
  • Bone fractures
  • Spinal cord injuries
  • Reduced blood flow, resulting in additional complications

Many of the above injuries are accompanied by brain damage, which tends to be permanent and results in any number of developmental disabilities. Depending on the injury and its severity, some families may have to make significant and unanticipated changes to their lives in order to accommodate the life-long needs of their children, possibly resulting in financial woes.

Is Medical Malpractice to Blame?

Admittedly, not all problems during birth can be avoided or even anticipated. Even the most skilled and diligent doctors encounter complications once in a while. The key to discerning medical malpractice, then, is to compare a doctor's actions with what he or she should have reasonably done. This includes not only the birth itself, but also the multitude of tests, screenings, and check-ups performed throughout the pregnancy. Even if a condition is genetic, some problems can be identified and thus treated before they result in significant injuries. Examples of malpractice include:

  • Not detecting or treating pre-natal infection
  • Not detecting or treating irregular conditions, such as high blood pressure
  • Not recognizing the timely need for a cesarean section
  • Poor response to birth complications such as strangulation via umbilical cord
  • Excessive force in the use of a vacuum or forceps
  • Neglected or improper administration of post-natal medication

Since these issues are complicated and most parents do not have the medical background necessary to instantly recognize malpractice, it is best to consult an objective professional on the matter. When you seek our legal team for help, we will work with trusted medical experts who have the knowledge and experience to identify whether your child's injuries were directly or indirectly the result of negligence.

Gaining Compensation for Malpractice

If your child's birth injuries are determined to be the result of medical malpractice, you can be entitled to multiple levels of compensation, particularly if the injuries have life-long effects on your child's well-being or needs. First, your present and future medical bills related to the injury can be compensated by the negligent parties or their medical organization. Additional needs, such as ongoing therapy, medication, education, or physical equipment/devices can also be compensated in this way. Moreover, because birth injuries can be so debilitating, they can easily call for significant compensation for pain and suffering - additional damages that are awarded when regular compensatory damages do not accurately reflect the damage inflicted.

Consult Our Team of Attorneys

The sooner we can have an experienced professional assess your child's injuries and the situation leading up to them, the better we can determine if a lawsuit is appropriate. If you believe there is any chance that medical malpractice has led to your child's birth injuries,contact our firm to speak with an attorney right away.

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Bethlehem, PA 18018

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