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Birth Injuries: The Product of Medical Malpractice






     Definition

Birth injuries are those that result from trauma to the child or mother due to medical malpractice or flawed hospital policy during the birthing process. It is a personal injury or death caused to the child by the physician's failure to exercise the standard of care required by the medical community. It is the result of the failure of the medical professional to use the appropriate degree or skill that would be used by a reasonable medical professional under similar circumstances.

Governing Law

Under medical malpractice is a branch known as birth injuries law. It deals with personal injuries from failure to respond to cases such as fetal or maternal bleeding, distress or insufficient amount of oxygen, complications in the umbilical cord, birthing complications, and other health complications affecting the mother.

Birth Defect

A birth defect, on the other hand, is injury or harm to a child that arose prior to birth and independent from the failure by the physician to provide adequate care. It is usually due to something that happened during or before pregnancy.

Unsuccessful Lawsuit

A distinction must be made between birth injuries and birth defects because in terms of filing a lawsuit, the former kind of injuries can be pursued, while the latter kind cannot be. Thus, it is important for one to have knowledge first if the irregularity noticed is one of birth injuries or birth defects.

- Common types of birth injuries are as follows:

1. Fetal distress

Fetal distress or hypoxia occurs when the unborn fetus does not get enough oxygen because of certain complications in the umbilical cord. Because it affects the heart of the fetus, the heart rate should be observed for any tendencies of abnormal heart rate.

2. Cerebral palsy

Cerebral palsy refers to several kinds of brain injuries sustained by the child before, during, or shortly after birth. Indications of cerebral palsy include limited movement, speech difficulties, learning disabilities, slow arrival of development milestones such as rolling over, sitting, or walking, difficulty in control of muscles, balance and coordination issues, visual and hearing problems, epilepsy, seizures and spasms.

3. Brachial Plexus Injuries

BPI refers to birth injuries involving damage to nerves originating from the upper spine and going through the shoulder, neck, arm and hand. It occurs when the nerves that supply the arms and hands are injured. It is most common when there is difficulty delivering the baby's shoulder. Common symptoms include lack of muscle control and loss of sensation or strength in the arm, hand, or wrist.

4. Bone fractures

Bone fractures refer to birth injuries brought about by broken bones in newborn children, especially in the form of fractured collarbone. These types of injuries may or may not be easy to treat, based upon the gravity of the fracture.

5. Injuries caused by forceps and vacuum extractors

These injuries are caused by the physician's use of forceps or vacuum extractors, either separately or together, to help pull the fetus while giving birth. Use of these devices to help in pulling the fetus may cause traumatic brain and spinal cord injury, as well as skull fracture.

Disclaimer: This is not legal advice and we are not attorneys and should not be used as legal advice. We can or may help find legal advice for you. The contents of this curated website have been prepared by Injury Ninja for informational purposes only. As this is a compilation of outside news sources, we do not control the opinions or content being created for this site, we are not paid to include any of these sites. If you believe we should include other sources, please feel free to contact Injury Ninja. We welcome all suggestions. None of this information is intended as either legal or medical advice or opinions. While Injury Ninja maintains joint responsibility; all cases are referred to other attorneys, medical professionals or financial professionals for principal responsibility. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish a client relationship. A client relationship is established only by an express and written agreement with an outside attorney, medical staff, or finance professional.






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Posted on 2015-02-20, By: *

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