Get Your Life Back

The most serious birth injuries are ones to the brain. If your child has Cerebral or ERBS palsy, medical malpractice is one of the possible causes. If you believe medical malpractice or negligence caused your child’s injury, your child and/or family may be entitled to compensation.

Sometimes temporary or permanent injury to a baby can occur during the pregnancy and/or delivery. In circumstances where the harm was preventable, it is imperative that the legal rights of both the baby and parents are fully protected.

Some possible causes of birth defects and/or
injuries to a baby:

• This type of case can include;
• • insufficient oxygen during and following labor/birth,
  • failure to identify pregnancy disorders like hypertension,
  • inappropriate use of medical devices such as forceps or vacuum,
  • failure to perform a required caesarian section, 
  • incorrect assessment of the baby’s overall health in the womb, or

• The mother’s use of a harmful prescribed drug or medication during pregnancy, under the advice and supervision of a doctor or pharmacist

Common birth injuries:

• Fortunately, most birth injuries which generally evidence themselves, as swelling, bruising, a raised lump, or broken blood vessels (sometimes in one or both eyes) are usually temporary and disappear within a few months.

• Other, more worrisome injuries include;
• • fractures
  • and facial paralysis

that can occur due to difficulty delivering the baby’s shoulders or due to pressure on the baby’s facial nerves. These types of injuries usually heal very quickly with minor treatment.

Unfortunately, injuries such as brain injuries and some nerve injuries are far more severe and often have permanent and far reaching ramifications.

Some of the more serious injuries are encompassed in the following diagnostic categories:

• Cerebral Palsy

  This is a generic term for a number of disorders affecting a baby’s brain function and body movement. Cerebral palsy can be a result of an injury to a baby’s brain in the womb, during delivery or some time after birth. It can also be caused by lack of oxygen flow to a baby’s brain during delivery. Cerebral Palsy is usually caused among other things by:
• • A treating doctor’s failure to recognize the need to provide adequate oxygen to the baby;
  • Mother’s use of a prescribed medicine or drug, taken during the pregnancy;
  • Prolonged bleeding in the baby’s brain after delivery (usually due to head trauma); and/or
  • Extremely premature birth.

Symptoms of Cerebral Palsy may take some time to show up, but can include slow development in the activities of rolling over, crawling, smiling and talking. Other symptoms include: abnormal or decreased muscle tone, floppiness of limbs, unusual posture, poor coordination, involuntary movements and vision or hearing problems.

• ERBS (or Brachial) Palsy

  This occurs when a baby suffers injuries to the brachial plexus (a group of nerves located between the shoulder and the neck that control the muscles of the shoulder, arm, elbow, wrist, hand and fingers). ERBS palsy happens most often when excessive pressure is put on the baby’s head, neck or shoulder during delivery. The brachial plexus is simply stretched too far; and important nerves are torn and ruptured. Symptoms of ERBS palsy can include paralysis or limpness in baby’s arm, limited or no movement in hands and fingers and loss of sensation in the hands and fingers. Often the baby will hold the affected arm very close to the body and will appear not to be able to move the arm, hands and fingers. Some of the situations that can cause ERBS palsy are:
• • A treating doctor’s failure to recognize that a caesarean section should have been performed based on the baby’s size;
  • Failure to adequately deliver the baby in situations involving the shoulder dystocia (where the baby’s head has been delivered but the shoulders are stuck); and/or
  • Use of excessive pressure on the baby’s head, neck or shoulder during delivery.

Contact Us if you have been injured. It is important that you act promptly as certain statutes of limitations apply and you can lose your rights to be compensated.

The initial review of your case and the consultation is free. We look forward to working with you and we know you will be pleased with our services.

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