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Posted by Robin on Jul 7, 2016

Pursue Legal Action Against Those Who Cause Birth Injuries

Despite today’s modern medical equipment, records from the Agency for Healthcare Research and Quality (AHRQ) of the U.S. Department of Health & Human Services, show that as many as 28,000 babies continue to be born with a birth injury every year. Though most of these injuries are minor and heal without any need for treatment, some are serious enough to alter an affected child’s life.

A birth injury, also called birth trauma, refers to any type of injury or harm sustained during the birthing process. A birth injury is usually due to a difficult delivery which, in turn may be due to the abnormal position of a fetus in the uterus at birth, the mother’s birth canal being too small; or, the fetus being too large. Doctors usually use a vacuum or forceps when delivering larger babies in order to make babies’ passage through the birth canal easier. Use of birthing instrument, however, can result to neonatal injuries, especially if the doctor is not careful when using birthing instruments or uses too much force. Difficult delivery or not, though, many legal and medical professionals say that the major reason why many babies suffer injuries is because of negligence and that acts of negligence are committed in delivery rooms far more frequently than anyone may realize.

The 10 most common birth injuries suffered by newborns include:

  • Cerebral Palsy, a condition marked by spastic paralysis or impaired muscle coordination and/or other disabilities; this condition is typically due to damage to the brain before or during birth;
  • Bone Fracture, like fracture to the collar bone or clavicle;
  • Caput Succedaneum, the swelling of a newborn ‘s scalp due to long or hard, head-first (vertex) delivery that causes pressure on the uterus or vaginal wall;
  • Perinatal Asphyxia, a permanent damage to the brain that is caused by the insufficient supply of oxygen to the newborn;
  • Intra-cranial Hemorrhage, which is hemorrhage inside the skull/cranium;
  • Subconjunctival Hemorrhage, or hyposphagma, a condition characterized by bleeding under the conjunctiva (the membrane lining the inside part of the eyelids);
  • Facial Paralysis, a temporary or permanent damaged to facial nerves due to lack of control of facial muscles;
  • Cephalohematoma , which is a cranial injury resulting from prolonged labor or use of forceps, vacuum or other birth-assisting tools;
  • Brachial Plexus Injury (BPI). This includes Erb’s palsy and Klumpke’s palsy (a form of BPI which can affect the upper limbs, armpit and back of the neck and which can cause paralysis in the forearm and hand). Brachial Plexus Injury can result to temporary or permanent disability; and,
  • Spinal cord injuries

According to The Benton Law Firm, we place our trust with the health care industry any time we are sick or injured. It is therefore an awful situation when a doctor or hospital has upset this trust. You should not be afraid to bring a claim against a doctor who has committed an act of negligence which has injured you or your newborn child. The law gives you the legal right to take legal actions against the negligent physician, member of the medical staff or the hospital itself, for all the present and future damages resulting from the injury.

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