Advocacy in Connection with Birth Injury
Birth Injury cases are medical malpractice cases involving injuries to newborns caused by either a failure to provide proper labor and delivery or neonatal care. Oftentimes the injuries are a result of the failure to deliver the child timely when there are signs and symptoms that the fetus is unable to tolerate the uterine environment. Sometimes this is caused by placental insufficiency or some impingement of the umbilical cord. There are many ways the fetus can deplete its reserves, develop acidosis and fail to deliver adequate oxygen-rich blood to the brain causing permanent injury to the areas of the brain that are affected.
TYPES OF CLAIMS
These cases are often devastating and permanent injuries causing cerebral palsy and a multitude of developmental issues that will last a lifetime. The needs of these children may cost many millions in care, therapy, surgery and life care costs that no single family could afford. Professional membership groups such as the American College of Obstetricians/Gynecologists (ACOG) have made it their mission to protect their members from liability at the expense of these children. Many attorneys who specialize in medical malpractice cases are not prepared for the issues and defenses we confront in birth injury cases. You need an attorney who is knowledgeable and skilled in this area. We have that skill and access to the finest experts in the field to support the claims we make, whether the issue is liability or the extent of injury and medical and other needs in the future.
Injury can be caused by attempting delivery of a fetus who is large for gestational age and should not be delivered vaginally without significant risk of shoulder dystocia (head delivered but too large to deliver the shoulder without delay) that can cause a brachial plexus injury (nerve injury to arm) or even brain injury or death. Injury can be caused by failure to deliver the fetus before a lack of adequate oxygenation of the brain causes injury to the watershed area of the brain (the white matter where higher thinking occurs) or the deep grey area of the brain (the deeper structures where body functions are regulated). Injury can also occur in the neonatal period when arterial pressure is too low and there is a failure to address the issue before a lack of adequate pressure will not allow the delivery of oxygen-rich blood to vital brain tissue. Not every case of birth injury is a result of neglect. Sometimes there are other causes that are beyond the power of the physicians and nurses to prevent. You need an attorney who understands the medicine and can determine whether your child’s injury occurred as a result of failures in medical and hospital care.