The birthing process should be one of the happiest moments in a parent’s life. However, sometimes the inexperience, negligence or recklessness of the healthcare professional staff can turn this magical moment into a nightmare. In such cases, the mother and child may have a medical malpractice claim against the medical staff.
According to the Journal of the American Medical Association (JAMA), medical negligence or malpractice is the third leading cause of death in the United States. If you or a loved one was injured during the birthing process due to the medical negligence of the medical staff, you should immediately consult with an experienced medical malpractice attorney to protect your legal rights.
Common Birth Injuries
Medical malpractice is legally defined as a healthcare professional’s deviation from the accepted medical standard of care that causes injury or death to the patient. There are many different types of medical malpractice claims. Common types of birth injury medical malpractice claims include:
- Brachial Plexus Injuries (ERBS Palsy) – this type of birth injury occurs when the network of nerves that connects the spine, shoulder and hands is damaged during the birthing process. Common signs and symptoms include a weak or paralyzed arm on one side of the body and bruising or swelling.
- Brain Injury – A brain injury occurs when the baby does not get sufficient oxygen. Prolonged deprivation of oxygen can result in serious damage to the brain.
- Cerebral Palsy – This neurological disorder is generally caused by oxygen deprivation or lack of oxygen to the brain during the birthing process. There is no cure for this condition.
- Spinal cord injuries – If the doctor uses excessive traction or rotation during the birthing process, the spinal cord can be overstretched, resulting in death or permanent medical problems.
- Facial paralysis – This occurs when the newborn’s cranial facial nerve is injured during labor or birth. This type of medical condition is often caused by epidural anesthesia, improper use of forceps, certain types of medication administered during pregnancy or birth, prolonged pregnancy, or traumatic birth injury.
While birth injuries may be common, it is important to note that not all birth injuries are caused by the negligence or recklessness of the medical staff. Nevertheless, if you believe that your child has suffered injuries or died because of the negligent actions of the medical staff during your labor and delivery, you should immediately consult with a medical malpractice attorney who specifically handles birth injury cases.
Call Us Today
If you or a loved one has been injured as a result of the medical negligence of a healthcare professional, we can help. For more information or to consult with one of our experienced New York medical malpractice attorneys, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.