Birth injuries occur in over four million births a year, ranging in severity from mild bruising to the loss of a child’s life. Birth injuries suffered in the first few moments of a newborn’s life may lead to a lifetime of physical, emotional and financial challenges for the child and his/her family. An experienced Denver birth injury attorney can help you get compensation for medical bills, future care for your child, the parent’s lost wages and other economic and non-economic damages. Contact us today for a free case consultation.
What is a Birth Injury?
The Medical Dictionary defines “birth injury” as impairment of body function or structure due to adverse influences to which the victim has been subjected to at birth. Birth injuries can be caused by a number of factors such as the mother’s health, if the baby was breech, placental abruption, and medical malpractice and negligence.
Who is Responsible For a Birth Injury in Denver?
Medical providers are responsible for providing a standard of care to pregnant women and their unborn children throughout the pregnancy, during labor and delivery, and immediately after the birth. However, while not all births go smoothly-not all birth defects or birth injuries are due to medical malpractice or negligence. But, when a child is born with a birth injury, the family can be faced with complicated, expensive and prolonged care for that child. Many parents do not know the cause of their child’s condition and oftentimes, it goes undetected for months and even years.
At the Bendinelli Law Firm, we have a team of expert Denver birth injury lawyers that will analyze the details of your child’s birth injury and if the injury is due to medical malpractice or negligence, and if appropriate, file a claim that will help you get your child the treatment he/she needs.
Anesthesia-related complications are the sixth leading cause of pregnancy related deaths in the United States. An analysis of anesthesia incidents showed that human error was responsible for 82% of preventable occurrences. Anesthesia-related problems are only one example of the mistakes that can be made by medical providers that cause birth injuries to children.
Birth Injuries Due to Medical Malpractice Can Include:
- Brain damage. It is crucial for the baby to have adequate oxygen and blood supplies during labor and delivery. There are various ways that medical professionals can monitor the vital signs of the baby during this process. Anytime there is reason to believe that the health of the baby is compromised, this may require an emergency C-section to avoid brain damage. Additionally, brain damage can be caused by improper use of birthing tools, such as vacuum devices or forceps.
- Bone fractures of the skull, clavicle, femur, humerus. Any type of injury that occurs to a child during the birthing process can lead to substantial long-term disabilities. This is a time frame when children are the most vulnerable, and injuries could heal improperly. Fractures to the skull, clavicle, femur, or humerus can occur if a doctor misuses vacuum devices or four steps or fails to perform a C-section when one is needed.
- Cerebral Palsy. Cerebral palsy is a neurological disorder typically caused by brain damage either during the pregnancy or during the delivery process. Any type of brain trauma or developmental disorder can lead to cerebral palsy. There is no known cure for this condition, and children will typically need lifelong assistance and therapy.
- Brachial Plexus Palsy / Erb’s Palsy. Erb’s palsy Is a form of brachial plexus palsy. The brachial plexus is a system of nerves near the back of the neck that leads to all the nerves in the arm. These nerves provide for movement and feeling to the fingers, hands, arms, and shoulders. Palsy stands for weakness, so a brachial plexus palsy can lead to a loss of range of motion and weakness in the extremities.
- Hypoxia (lack of oxygen). When a child sustains any lack of oxygen during the birthing process, this can lead to hypoxia and permanent brain damage. There are various ways for a child to experience hypoxia. In some cases, this is caused by the negligent actions of a medical professional. This can include a failure to recognize umbilical cord strangulation, prolonged delivery, the misuse of birth tools, etc.
- Umbilical Cord complications. The umbilical cord is the main supply of blood and oxygen to the baby inside the uterus. Any complications involving the umbilical cord while the child is in the womb or during the delivery process could result in severe injuries. In some instances, members of the delivery team could make the mistake of cutting the public record too early, which removes the infant’s oxygen and blood supply before they can start breathing on their own. Additionally, if the umbilical cord gets wrapped around the child’s neck or becomes prolapsed, this could also remove the oxygen supply from the child.
Other common birth injuries that we assist clients with include:
- Facial Paralysis
- Preventable birth defect cases
- Shoulder dystocia
- Injuries to the mother
- Vision loss / blindness
- Nerve injuries
- Failure or delay in performing C-section delivery
- Misdiagnosis or failure to diagnose (preeclampsia)
Our Denver Birth Injury Attorneys Can Help
The Denver personal injury attorneys at the Bendinelli Law Firm have the compassion, knowledge and experience necessary for these complex and difficult cases. We tell our clients-we want you to concentrate on the important things: taking care of your child and family, while our birth injury attorneys take care of the complicated legal issues and deal with the doctors, medical experts and insurance companies.