Despite improved nutrition, widespread access to prenatal care and a level of medical technology unimaginable in previous generations, almost 3% of the children born in the United States suffer from birth defects. Some of these children - those with minor injuries - may recover quickly and completely, but others are subject to a lifetime of disability. Unfortunately, the negligent and avoidable errors of doctors, hospitals and nursing staff during the birthing process can cause such injuries.
The most common birth injuries are:
Birth injuries generally arise during the course of operative deliveries, whether vaginal or abdominal. Operative delivery means the use of obstetrical forceps, vacuum extraction, or cesarean section to achieve the delivery. Operative delivery occurs any time it becomes safer to deliver the baby immediately rather than allow pregnancy to continue. Unfortunately, complications sometimes occur during labor and delivery that result in what is described, collectively, as birth trauma or birth injuries. Some common causes for birth injuries are:
The treatment of birth defects and birth injuries is an ongoing, long-term process that can be ruinously expensive, ranging from emergency surgery to long-term care and treatment, medication, physical therapy, special education and the like. Sadly, children with birth injury conditions may never be capable of caring for themselves and the cost of providing for their security and procuring the best possible quality of life for them can be staggering. Additionally, the entire experience of dealing with this sort of family tragedy can be extremely stressful and emotionally destructive. If your child suffers from a birth defect or injury that you believe may have been caused by the negligence of health care providers, please consult with an experienced birth defects attorney, as listed on this site, as soon as possible.
Typically, the infant victim in a birth defect medical malpractice case can recover monetary damages for:
The victim's family may also recover damages based on the birth injury or defect. Their damages can include out-of-pocket expenses related to providing for the victim, their own mental pain and suffering, and the loss of anticipated future services of the victim which will no longer be available because of the birth injury or defect. A qualified birth defect attorney, as those listed on this site, can provide you with further information as it relates to your specific birth injuries case.
Not every birth defect is the result of negligence. Sometimes serious problems arise even where the doctor and all those assisting have done everything reasonably possible to prevent them. It's difficult for lay people to make the determination, especially when overwhelmed by the injury to their newborn child. If your child suffers from a birth defect or birth injury that you believe may have been caused by the negligence of health care providers, you should consult with an experienced birth defects attorney as soon as possible. A qualified birth injury lawyer, as those listed on this site, work with expert medical consultants and can help you determine just what happened, why it happened, and provide legal guidance and advice as to how you can best protect your child's interests.
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