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Birth injury malpractice claims are highly technical,
complicated and defended vigorously by the medical community.
That's why selecting the right lawyer to represent you is
critical. Our medical malpractice attorneys have the experience
and resources to take on important and challenging birth injury
malpractice cases and obtain justice for you the client.
Because of the time, cost and complexity of birth injury
cases, good law firms carefully review potential medical
malpractice claims. Here's how the process works. In response to
a birth injury malpractice inquiry, one of our staff will
conduct a free telephone consultation. If we believe the case
has merit, we will obtain the medical malpractice records and
have them reviewed by a physician who will act as a medical
malpractice expert.
Birth related injuries vary greatly, in that some are very
minor and heal over time, some may require surgery, and others
may require a need for lifetime care and may even result in a
casualty and/or death. Most birth injuries do not result from
medical malpractice. The majority of delivery doctors and
assisting hospital staff follow acceptable procedures, and a
provider is not negligent simply because his or her efforts were
unsuccessful. To receive compensation in a birth injury
malpractice suit, you have to prove that your providers acted
unreasonably and that their conduct was a direct cause of
injury. Unless both issues are proved, there is no case.
If the medical malpractice expert feels there is a valid
claim and if our analysis shows there to be serious and
permanent injury we will proceed with the birth injury
malpractice case.
You should also be aware of some special laws that apply to
birth injury malpractice cases in some state.
- Statute of limitations: This is a law that requires
commencement of a birth injury malpractice case within a
specific time period. If the birth injury malpractice case is
not filed within that time period, it will be barred
regardless of its merit. Because the time period is often very
short and exceptions apply, it is very important to consult
with an experienced birth injury malpractice attorney as soon
as possible.
- Expert affidavit: In some states, before commencement of a
birth injury malpractice case the party bringing the claim
must provide a written document signed by a medical
malpractice expert confirming that medical malpractice was
committed and that it was a direct cause of the claimant's
injuries. The format and timing of the affidavit are critical.
Some common medical errors that lead to cerebral palsy
include:
- The failure to recognize and treat infant seizures
- Failure to perform a C-Section when a fetus is in distress
- Excessive use of a vacuum extractor
- Failure to detect a prolapsed umbilical cord
- Improper use of delivery forceps
- Improper response to precarious vital signs
- Failure to recognize fetal distress
- Failure to diagnose and treat jaundice or meningitis
- Delayed delivery
- Failure to recognize pregnancy-induced hypertension
Cerebral palsy is a term used to reference a group of
disorders typically related to an individual's inability to
control motor function. Typically, cerebral palsy is categorized
into four types: spastic cerebral palsy, athetoid or dyskinetic
cerebral palsy, ataxic cerebral palsy, or mixed forms of
cerebral palsy. While there can be genetic factors that
contribute to cerebral palsy, often it is caused by oxygen
deprivation, head trauma, or brain damage during the birthing
process
Medical procedures, special education, orthopedic braces and
other appliances cost a staggering amount of money. Many
families either don’t have enough insurance or don’t have any at
all and so their children do without many valuable items that
could make their lives so much better.
The medical care for children and adults diagnosed with
cerebral palsy can be financially and emotionally challenging.
Cerebral palsy can require a lifetime of medical care to deal
with the physical disorders as well as speech pathologists,
occupational therapists, psychiatrists, and physical therapists.
Our lawyers have successfully settled numerous cerebral palsy
cases, as well as winning many cerebral palsy medical
malpractice verdicts.
Erb's Palsy is a type of birth injury that damages the nerves
of the shoulder and elbow muscles. The firm of GR has extensive
experience representing children and families affected by this
type of injury.
As a result of a birth injury or defect, an infant may be
afflicted with the following:
- Mental Retardation Cerebral Palsy
- Epilepsy
- Autism
- Subconjunctival Hemorrhage
- Caput Succedaneum
- Cephalohematom
- Bruising
- Brachial Plexus Injuries
- Fractures
- Facial Paralysis
- Brain Injuries
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