Birth Defects – Fractures, Cerebral Palsy – Personal Injury Lawyer
During our lives, we sustain a variety of injuries ranging from minor cuts and bruises to broken bones and concussions. Sometimes, a personal injury can be incurred even before we have fully arrived in this world. Every year, thousands of babies sustain a variety of traumas while being born. This type of injury is referred to as birth injury, and it can range from minor birth complications, such as swollen skin and red rings around the eyes' irises, to major traumas, such as broken bones and injured nerves. While the use of modern fetus monitoring devices, such as ultrasonography, has greatly decreased the risk of birth injury, about seven babies out of a thousand are born with birth defects.
The majority of birth injuries occur in cases whereby the passage through the birth canal is hindered and/or the mother experiences prolonged or extremely short labor. Large baby weight (above 8 pounds and 13 ounces) sometimes makes it physically difficult for the mother to push the newborn through the birth canal. As a result, the baby might be born with a bruised and swollen head because this is the part of the body that experiences the most pressure during the birth process. Large babies might also be born with broken collarbones and bruised nerves leading to the arms as it is often difficult to deliver the baby's shoulders. While causing much anguish to the parents, these birth defects typically resolve without special treatment within a couple of weeks and do not leave permanent damage.
In rare occasions, however, babies are born with birth defects that require prompt medical attention, such as liver hematoma and torn nerve tissues. In the latter case, a surgery is required to reattach the damaged nerve tissues in order to avoid permanent nerve damage. In addition, medical professionals have to carefully monitor the position of the umbilical cord during birth as about 20 percent of all babies have the umbilical cord wrapped around their necks. During birth, the umbilical cord has to be removed from the neck to avoid asphyxia (lack of oxygen). Prolonged oxygen deprivation is dangerous as it can cause brain damage, leading to the onset of cerebral palsy. This is a serious neurological disorder affecting movement coordination, muscle tone, development of motor functions, speech and advanced thinking patterns. Depending on the severity of cerebral palsy, some children are able to fully function within a regular classroom environment while others suffer frequent epilepsy attacks and mental retardation.
In cases whereby parents suspect that their child's injuries and/or wrongful death were caused by negligent actions of medical professionals, they should seek legal aid in order to obtain justice. Some of the more frequent examples of medical negligence include: failure to recommend and perform cesarean section in cases of prolonged labor; failure to remove the umbilical cord from the baby's neck; and failure to recognize and properly manage birth in breech position (buttocks first). If these negligent mistakes have caused serious birth injuries and/or death of the newborn, the responsible medical personnel should be forced to give up their medical licenses and provide rightful compensation. While no dollar amount can erase the painful memories, settlements often help parents pay for psychological therapy, marital counseling and other expenses related to rebuilding as normal life as possible.