Defining A Birth Injury
Posted on November 13, 2013 | Categorized: Birth Injury
You Didn’t Expect This…
No parent wants to see their newborn injured, sick or in pain. It’s even worse when the injury could have been prevented!
Infants are the most precious gifts. Obstetricians begin caring for them before they are born, by monitoring and caring for expectant mothers. Unfortunately, pregnancy is a very vulnerable time for both the mother and her unborn child and serious birth injuries occur in about 3 of every 100 births. When doctors fail to effectively diagnose or treat complications or emergency situations during pregnancy and delivery, the babies can suffer lifelong consequences.
Common Types of Birth Injuries
What constitutes a “birth injury”? Legally, it is defined as damage sustained during the birthing process. Just to name a few of the many risks to infants during delivery:
- Erb’s Palsy
- Shoulder Dystocia
- Head Injuries
- Cerebral Palsy
- Bone fractures, including broken arms and collar bones
- Brachial Plexus
- Brain damage
There are natural causes for injuries that can occur during the delivery process, such as when the umbilical cord getting compressed or twisted, which can reduce or cut off the baby’s air flow. Sometimes the baby turns around and gets breeched, or he or she is too big to travel down the birth canal, and a Cesarean section operation needs to be performed.
If your child suffers from the effects of a birth injury, and you feel something could have been done to prevent it, contact Chalik & Chalik now at 1-954-892-5562.
As Parents Debi and Jason Chalik Understand Like Only Parents Can…
Helping parents for over 20 years get the compensation and resources they need during the difficult times of planning for their injured child’s future. They will help you determine who is at fault for your baby’s injuries and collect the evidence to prove it. You need to focus on your newborn and their future, let the experts help get the compensation you will need to prepare for medical expenses, specialists, and rehabilitation.
No Risk – Free Consultations
If your child has been diagnosed with a birth injury due to the negligence of others, you may be entitled to monetary compensation. To determine if a birth injury was caused by negligence, all the medical records need to be obtained and reviewed. An expert needs to review the records, a summary of the records should be made, and medical literature often needs to be collected to determine whether the case has merit.
Don’t Wait! You Have to Plan For Your Child’s Future…
If your doctor made a mistake during labor and delivery, Chalik & Chalik will hold the doctor or hospital accountable and get you the financial compensation you need to care for your child.
There may be time limitations to a birth injury case, so please contact the birth injury attorneys Chalik & Chalik as soon as possible. These are the limitations governing malpractice lawsuits in the State of Florida, noting age guidelines for children:
You must commence the medical malpractice lawsuit within 2 years of the date of the act that you believe caused the injury, or within 2 years from the date the injury was identified or should have been detected. If more than 4 years have passed from the date of the act that you believe caused the injury, no malpractice action may be taken.
These limitations apply to minors age 8 and older. Under Florida law, if a child younger than 8 years old has injuries that you believe were caused by medical malpractice, the lawsuit must be filed by the child’s 8th birthday or within the time frame limits defined above, whichever time period is greater.
Examples of Negligence in an Erb’s Palsy Case
A Florida birth injury attorney will investigate a victim’s case to determine if, how and when negligence occurred and who was responsible for the mistake.
Listed below are a few examples of how medical negligence can lead to Erb’s palsy:
- An obstetrician provides insufficient prenatal care that fails to diagnose or treat Erb’s palsy risk factors (including gestational diabetes, breech position and/or a larger-than-normal fetus).
- An obstetrician fails to discuss the need for caesarian or other birthing options with an at-risk mother.
- A delivery room doctor fails to perform an emergency c-section.
- A delivery room doctor fails to execute the necessary techniques or maneuvers to reposition safely and/or ease a baby out of the birth canal.
- A delivery room doctor exerts excessive force on the head, neck or shoulders of the baby during delivery.