Frischman & Rizza

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Birth injuries may occur due to a variety of natural and uncontrollable causes. But they can also happen because of human error when physicians fail to meet the standard of care for childbirth. 

These preventable birth injuries are essential to watch out for as they can have an impact, as noted by experts at Stanford children’s health and other institutions.

When there is a birth injury due to human error, it can result in either temporary or lifelong damage to the baby. This kind of trauma not only spells out a world of pain for parents and family but also has the potential to alter the course of life of the affected baby. 

As the baby exits the birth canal, parents want them to have a strong spinal cord and an overall healthy system. They want their child to have a bright future and not be part of a national vital statistics report.

Since human error can take multiple forms, it can result in a birth injury due to negligence, misconduct, or medical malpractice. But regardless of the core reason behind the error, it can still have devastating effects on the family on the receiving end of it.

From human error management to birth injury lawsuits, here’s what to expect after birth trauma due to human oversight or negligence. 

What Causes Birth Injury Due to Human Error?

Birth trauma resulting from human error refers to cases where the injury is avoidable and occurs only because of negligence or misconduct on the physician’s part. 

This type of injury may occur due to reasons that include but are not limited to the following: 

  • Prolonged labor or delayed birth.
  • Oxygen deprivation or asphyxiation. 
  • Negligence in treating maternal infections. 
  • Overlooking the effects of certain medications. 
  • Misconduct in handling the birthing process. 

These reasons can cause various types of injuries that could either subside their effects after a few days of birth or stay in place as permanent trauma. In the case of the latter, they can also lead to different lifelong conditions and disabilities.

Professional medical advice is critical when it comes to birth injury prevention.

What Type of Conditions May Arise Out of a Birth Injury?

Whether there is a birth injury due to negligence, misconduct, or malpractice, there is a high chance that it could make way for different temporary and lifelong conditions and disabilities for the baby. In some cases, it may even result in the baby’s death. Identifying these conditions helps parents determine their chances of filing birth injury lawsuit claims. 

Some of the most common conditions that stem from birth injuries include:

  • Brain damage. 
  • Cerebral palsy. 
  • Erb’s palsy. 
  • Intrauterine fetal demise (death of the fetus after 20 weeks of gestation). 
  • Newborn jaundice. 
  • Kernicterus. 
  • Newborn cephalohematoma.
  • Spinal cord injury. 
  • Vacuum extraction injury.
  • Congenital disabilities typically develop due to issues with the brachial plexus nerves.

Many of these injuries permanently damage the brain and body, while others become hard to treat after birth. Due to this reason, keeping an eye on such a birth injury due to human error is highly important for the baby’s health and wellbeing. 

How to Detect the Signs of a Birth Injury?

Depending upon the type of trauma, keeping an eye on the signs of birth injury can help determine whether or not the baby was exposed to this unfortunate experience. 

Some of the most common signs of a birth injury due to negligence, oversight, or malpractice include: 

  • Arched back during crying. 
  • Excessive drooling. 
  • Low heart rate.
  • Low oxygen levels.
  • Breathing issues.
  • Sensitivity to light.
  • Yellow skin.
  • Stiff muscles. 
  • Bruising or swelling (across the head, face, or shoulders). 
  • Requiring a breathing tube during the delivery itself. 

This is especially true if the baby starts showing signs such as blindness, developmental delays, and an inability to sit or walk appropriately as they grow older. These symptoms in the baby right after or shortly after birth provide grounds for filing a birth injury lawsuit. But to determine the best course of action, it is essential to take an opinion from an established professional.

How to Diagnose a Birth Injury?

When there is a suspicion of a birth injury due to human error, the next step comes in the form of a thorough check-up of the baby by a seasoned physician. In many cases, a physical examination can outline the presence of birth trauma. In other situations, further tests are performed to determine the cause behind noticeable symptoms. 

During the diagnosis phase, various tests can be performed on the baby. This includes blood tests to indicate jaundice and radiology tests such as MRI to detect brain damage. 

Once there is sufficient cause to believe that the injury occurred due to the physician’s negligence or oversight, the parents or family could decide to file a medical malpractice lawsuit. 

What is a Birth Injury Lawsuit?

A birth injury lawsuit is filed against a physician or a medical team to prove negligence or medical malpractice from their end. These lawsuits are tricky and often go head to head against formidable legal resources, especially in the case of large hospitals. But with the right amount of evidence and a seasoned legal team, affected families can prove their claims. 

Many such lawsuits are settled out of court, where the medical team or facility compensates the affected family for their suffering. However, to reach such a conclusion, there must be strong proof and argument to establish birth injury due to negligence by the respective physicians or medical team.

They are determining whether or not to file a lawsuit is a difficult choice to make. But experienced attorneys can help families reach an informed decision. From there, these legal experts also help in the collection of evidence and the proceedings of the court. 

While such a lawsuit cannot bring back the damage that has been done, it does provide some relief to the family that could also be used for the baby’s medical expenses and long-term care. 

Find the Required Support Through Newborn Birth Injury Experts Today

Spinal cord injuries, brachial plexus injury issues, brachial plexus birth palsy, and severe birth injuries will significantly impact your child’s health.

When it comes to your baby’s head and the various risk factors that can impact it, it is necessary to be careful to avoid severe injury to the baby.

Brachial plexus injuries, neonatal brachial plexus palsy,

Most birth injuries in newborns

If your child or someone in the family has experienced a birth injury, you might be going through a highly stressful experience. But with the proper support, you and the affected child can make it through this challenging phase of life. 

Don’t hesitate to contact us today to see how our services can help. We will be glad to hear from you and deliver the most suitable solutions for your requirements.

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