Tuesday, November 18, 2008

Understanding Birth Injury and Your Medical Malpractice Rights

What is Birth Injury?

Birth injury is caused to the baby in the womb of the mother or during the delivery or later after the delivery. These injuries can be minor or fatal. If the baby sustains brain injury then it will prove to be fatal as the whole life of the baby will be affected. Due to the injury a bay may develop cerebral palsy or become mentally retarded. This type of major birth injury not only affects the child but also affects the family members as they have to bear the burden of the child throughout their life. Sometimes the injury may be caused due to the negligence of the hospital staff. In this kind of situation there is a provision in law where the parents can sue the hospital for compensation.

Causes of Birth Injury

There are various causes of birth injuries. If the baby is overweight during birth then problem may arise during delivery due to which the baby may suffer from shortage of oxygen which may affect his brain tissues. If a baby is born premature he may sustain birth injury as the body of a baby who is born within thirty seven weeks is very fragile the baby may be injured during birth. The pelvis shape and size of the mother is defective due to which normal delivery is not possible and the baby sustains injury. The mother suffers from prolong labor pain which may cut off the supply of oxygen to the undelivered baby and cause damage to his delicate brain tissues. Abnormal position of the child during birth that is the leg comes out first and then the head which is also known as breach position.

Additional Types of Birth Injury

Caput is the injury caused when there is difficulty in delivery. This injury mostly occurs in babies who are delivered with the help of the vacuum extraction. The soft tissues of the babies scalp is bruised which heals within few days. A baby may show signs of bruising due to the use of forceps during the delivery. Hemorrhage in the small blood vessels of the eyes, this is very common and does not cause any damage. Temporary or permanent facial paralysis may occur due to the breakage of the facial nerve. Fracture of the collar bone during delivery is a very common occurrence. Healing occurs quickly. The group of nerves that supply blood to the arms and the hands may be injured if there is difficulty in delivering the baby's shoulders. Some the injuries are minor and the baby recovers within a short period but some of the injuries are fatal which may have a permanent impact for life.

Your Rights

Should you or your family be subjected one of these tragic injuries, you are protected under the law. A birth injury lawyer specialist in the state the injury took place in will have expert knowledge of local laws and statutes and be able to find justice for you in court, including compensation for pain and suffering and the helping to ensure that no one else must endure the same negligent treatment. Sphere: Related Content