Our attorneys understand how devastating a birth injury can be to a family. Contact one of our knowledgeable lawyers and set up a free consultation in our Oklahoma City office, or we can come to you and help you find out what really went wrong.
In the legal field, a birth injury is defined as a physical injury sustained by a baby before, during or shortly after delivery. In most cases, the cause of a birth injury can be classified in one of two ways: those due to the baby and/or mother, and those due to external factors. When devastating birth injuries result from medical malpractice, or the failure of a medical professional to deliver a proper standard of medical care, the child and his or her family may be entitled to financial compensation for the resulting injuries, medical bills and other damages. These cases are very sensitive and must be given special consideration by a qualified attorney with experience litigating birth injury cases in Oklahoma. Our lawyers at Oklahoma Legal Center are skilled in medical malpractice cases involving birth injuries, and are ready to help you today. Please contact us by filling out our contact form or calling us toll free.
Common Causes of Birth Injuries
Birth injuries that are attributed to either the baby or the mother are usually unavoidable, such as those caused by a large baby, premature birth, a disproportionately-sized pelvis, or normal labor complications. These circumstances may cause many injuries to which there is no available legal compensation. On the other hand, birth injuries that are due to external events are oftentimes avoidable, thus making them eligible for legal compensation through a medical malpractice lawsuit. Some common avoidable mistakes that may result in birth injuries include:
- Failure to adequately respond to birth complications (i.e. missed opportunity for a caesarian section)
- Improperly prescribed/administered drugs
- Misuse of medical devices such as forceps
- Improper care during the birthing process
Child Birth Complications and Resulting Injuries
Preparing to bring a new baby into the world takes a lot of financial and emotional commitment. We all want to have a healthy baby without birth complications occurring during the delivery. Unfortunately, birth complications do occur, and you should know your legal rights in this type of situation. If your baby’s health was compromised because of the negligence of a doctor or nurse during childbirth, you should be compensated. Birth complications include failure to check the status of the umbilical cord prior to delivery; improper or misdiagnosed apgar scoring; failure to check baby’s pulse; failure to rate the baby’s appearance and respiration; and failure to check if the baby is crowning.
Consequences of Birth Trauma
Birth trauma describes injuries to a baby resulting from mechanical forces employed by the doctor during the process of delivery. Examples of these mechanical forces include the misuse of forceps, compression, scalpels and traction. The most common types of injuries resulting from birth trauma are abrasions and lacerations inflicted by scalpels, forceps and other birthing instruments. The most serious types of birth injuries caused by trauma include Brachial plexus palsy, Erbs palsy, Klumpke paralysis and Horner syndrome. Brachial plexus injuries include fractured clavicle, fractured humerus, subluxation of cervical spine, cervical cord injury and facial palsy. Erbs palsy is usually associated with lack of shoulder motion in the infant. And although it is the rarest, the most catastrophic injury occurs from Klumke paralysis.
Cerebral palsy is a developmental disability in which muscle coordination and body movement is affected, usually due to brain damage sustained during fetal development; although it can also be caused by physical injury during the birth process. Cerebral palsy is the leading form of developmental disability in the United States today, with around 6,500 children diagnosed with the devastating birth injury each year. Cerebral palsy is not considered a disease or illness; it is a lifelong disability that modern medicine has no cure for. Symptoms of cerebral palsy include: involuntary muscle movement; loss or impairment of sight, hearing or speech; lack of mobility and coordination; and seizures.
C-Section Complications – OBGYN Mistakes
A C-section, or Cesarean section, is when an incision is made through the abdominal wall and then the uterus to allow for an extraction of the fetus. As with many other types of surgeries, complications may arise during a C-section, possibly resulting in serious harm to the fetus and/or mother. Unfortunately, some C-section complications are the direct result of OBGYN mistakes, which could have been avoided had the medical professional provided a proper standard of care. Common forms of OBGYN mistakes include the following: failure to perform a proper C-section, failure to follow hospital regulations, and anesthesia errors affecting the baby and/or mother.
Contact Our Reputable Attorneys Today
Although not all birth injuries are the result of medical negligence or improper delivery, this type of injury is all the more devastating when it could have been avoided. If your family has been adversely affected by a doctor’s medical mistake during childbirth, you could be entitled to financial compensation. Contact our knowledgeable attorneys at Oklahoma Legal Center today to discuss your medical malpractice claim with a professional. Please call us toll free or fill out our contact form as soon as possible; we are here to help the residents of Oklahoma.