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Frequently Asked Questions about Birth Injuries
Q: What's the difference between a birth defect and a birth injury?
A: Birth injuries are generally caused by something that went wrong during delivery itself, while birth defects usually involve harm to a baby that arose prior to birth due to something that happened during or before the pregnancy.
Q: What kinds of situations give rise to a lawsuit for birth injuries?
A: Most of these cases occur when a doctor fails to adequately assess or respond to conditions and/or complications during a woman's pregnancy or delivery, or when a woman takes a prescription drug during pregnancy that causes harm to the baby.
Cerebral palsy is the generic term for a number of disorders affecting a baby's brain function and body movement. This birth defect (or injury) is usually the result of an injury to a baby's brain in the womb, during delivery, or some time after birth. Cerebral palsy can also be caused by a lack of oxygen flow to a baby's brain during delivery.
Ohio Birth Injury Attorney
Our birth injury attorneys at Becker & Mishkind, Co., L.P.A. , have secured compensation for families whose child has been injured as a result of negligence or carelessness by medical professionals during birth. We believe that medical consumers have the right to expect a high standard of care from their physicians, nurses, and midwives during the birth of a new child. When medical professionals neglect to provide a professional level of care during birth, serious injuries can result. Cerebral palsy, shoulder dystocia, Erb’s palsy, mental retardation, infection, traumatic brain injury (TBI), and other brain damage can result from the failure of medical personnel to provide adequate care during birth. Because some of these injuries may not manifest themselves until the child begins to grow, the time to bring a lawsuit is significantly longer than that for an adult. Nevertheless, do not hesitate to contact an experienced birth injury attorney now if you suspect that your child was injured during birth. Call Becker & Mishkind Co., L.P.A., to schedule a free initial consultation. For more information about birth injury claims, view our birth injury information center below, or visit the description of our birth injury practice.
Birth Injuries - An Overview
When having a child, the last thing parents want or need to worry about is the possibility of their baby being harmed during the delivery. While most births go smoothly, some have complications. It is estimated that 5 out of every 1000 children born in the United States will suffer some type of birth injury. Birth injuries can range from minor, like bruising, to a life-altering diagnosis of cerebral palsy. If your child was injured at birth, contact an attorney to learn more about your legal options. A lawyer experienced in birth injury litigation can help you understand your rights.
Pregnancy Dos and Don'ts
Not all birth injuries or defects can be prevented, but a mother has some power to increase her chance of having a healthy baby. Many birth defects happen very early in pregnancy, sometimes before a woman even knows she is pregnant. If your child was injured at birth, consult an attorney to learn about your rights to compensation.
Responsible Parties in Birth Injury Cases
If your child suffered a birth injury, there are several parties who may be responsible for your child's injuries, including the treating physician, assisting staff and the hospital.
Prescription Medications
If you or a loved one is pregnant and taking prescription medication, one of the best ways to prevent a birth defect or injury to your baby is to understand the prescription process and prescriptions themselves. Prescription medications can be confusing, dangerous and expensive. If your child was injured at birth, consult an attorney to learn about your rights to compensation.
Cerebral Palsy & Erb's Palsy
Some of the most common birth injuries are two very different conditions known as cerebral palsy and Erb's (or brachial) palsy. Cerebral and Erb's palsy are often the result of complications during child delivery itself, though cerebral palsy also can occur before or after delivery.
Birth Injuries Resource Links
KidsHealth.org
Provides doctor-approved health information about children from before birth through adolescence.
The Food and Drug Law Institute
Examines the laws, regulations and policies related to drugs, medical devices, other health care technologies and foods.
United Cerebral Palsy
Provides information, links and resources on cerebral palsy.
Prenatal Care
Resource provided by the US Department of Health and Human Services offering information on prenatal care, including types of foods to eat and substances to avoid.
National Patient Safety Foundation
Non-profit organization providing patient safety literature, research, policy initiatives and more.
