Birth Injuries
Your infant child is the most precious, vulnerable being in the world. That’s why it’s a parent’s worst nightmare when a baby is born with a birth defect. Although less than 1% of the children in the United States are born with a birth defect, the toll of broken dreams, medical bills and heartache is beyond measure.
If your child is born with a birth defect, you need time to heal and then you want some answers, the most important of which is, "Why did this happen?"
Birth defects occur for many reasons including genetic and metabolic disorders, illness and trauma during pregnancy, drug reactions, chemical dependency and, sadly, errors by doctors and hospital staff before and during delivery.
A birth injury can come in many forms, and they range from mild to severe. Many birth injuries heal naturally over time. Some require surgery. Some require long-term treatment.
Birth injury examples:
Subconjunctival Hemorrhage, which looks like a bright red band around the iris of one or both of the baby’s eyes. This can disappear completely in seven to ten days.
Caput Succedaneum refers to swelling of the baby’s scalp. This may happen if the birth involved vacuum extraction. The head usually returns to normal size in several days.
Cephalohematom is bleeding between a bone and its fibrous covering. Most of the time, this is found on the baby’s head and the healing process takes anywhere from several weeks to several months.
Bruising can happen quite easily as the baby passes through the birth canal. Most bruises on infants are not long-term problems, although some bruises caused by forceps require surgical treatment.
Brachial Plexus Injuries happen when the network of nerves that connects the spine, shoulders and hands is damaged. If the symptoms include bruising or swelling, the situation may correct itself in several months. If there is major nerve damage, corrective surgery may be required and permanent damage often occurs.
Fractures are most often found in a baby’s collarbone after a difficult birth. Once immobilized, these fractures usually heal quickly.
Facial Paralysis is a possibility if nerves are damaged from the pressure of the birth canal. Sometimes the use of forceps can cause facial paralysis. Often, these injuries heal in 2-3 weeks. If the nerve damage is severe, surgery may be required and permanent damage may occur.
Brain Injuries occur when the baby does not get enough oxygen. Oxygen deprivation can happen if the baby loses a lot of blood, or the umbilical cord gets twisted or compressed. Prolonged oxygen deprivation can cause brain damage and a number of neurological disorders, including cerebral palsy, epilepsy, and autism.
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.
Here are some medical errors that may support a malpractice action:
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 medical malpractice expert. If the medical malpractice expert feels there is a valid claim and we believe the case is worth pursuing, we will conduct a thorough analysis and investigation and proceed with the birth injury malpractice case.
You should also be aware of some special laws that apply to birth injury malpractice cases:
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.
Maternal Chemical Exposure
Nearly 150,000 babies are born each year with birth defects, about 1 out of very 33 newborns. Maternal chemical exposure at work during pregnancy can be a cause. If your child suffers from a birth defect associated with workplace chemicals, call Webb & Scarmozzino, to protect your rights. Delays can harm your case.
A birth defect is an abnormality of structure, function or metabolism (body chemistry) present at birth that results in physical or mental disability, or is fatal. Several thousand different birth defects have been identified. Birth defects are the leading cause of death in the first year of life.
Common birth defects include:
Down Syndrome - A genetic disorder (caused by the presence of an extra chromosome), which results in physical and mental abnormalities. Physical characteristics include a flattened face, widely spaced and slanted eyes, smaller head size and lax joints. Mental disabilities are also typical, though there are wide variations in mental ability, behavior, and developmental progress. Possible related health problems include poor resistance to infection, hearing loss, gastrointestinal problems, and heart defects.
Anencephaly - A fatal birth defect that happens when the neural tube does not fully close at the top. As a result, the skull and brain do not form properly. Babies with anencephaly die before or shortly after birth.
Encephalocele - A birth defect that is often fatal. Part of a baby's skull does not form properly, and part of the brain is outside of the skull. Those babies who do survive often have severe physical and mental handicaps.
Neural tube defect (NTD) - Problems in the growth of the spinal cord and brain in an embryo, when the neural tube doesn't close at the top (anencephaly) or the bottom (spina bifida). The defects occur in the first month of pregnancy, before most women know they are pregnant. About seven babies are born in the U.S. each day with these birth defects.
Spina bifida - A birth defect of the backbone and spinal cord that leaves the spinal cord exposed. A person with spina bifida may have learning disabilities or problems going to the bathroom because of lack of bowel and bladder control, and usually needs crutches or a wheelchair to get around. Eighty to ninety percent of babies with spina bifida survive, and most lead productive lives.
Some additional (and most rare) birth defects include:
If your child is born with a birth defect, you need time to heal and then you want some answers, the most important of which is, "Why did this happen?"
Birth defects occur for many reasons including genetic and metabolic disorders, illness and trauma during pregnancy, drug reactions, chemical dependency and, sadly, errors by doctors and hospital staff before and during delivery.
A birth injury can come in many forms, and they range from mild to severe. Many birth injuries heal naturally over time. Some require surgery. Some require long-term treatment.
Birth injury examples:
Subconjunctival Hemorrhage, which looks like a bright red band around the iris of one or both of the baby’s eyes. This can disappear completely in seven to ten days.
Caput Succedaneum refers to swelling of the baby’s scalp. This may happen if the birth involved vacuum extraction. The head usually returns to normal size in several days.
Cephalohematom is bleeding between a bone and its fibrous covering. Most of the time, this is found on the baby’s head and the healing process takes anywhere from several weeks to several months.
Bruising can happen quite easily as the baby passes through the birth canal. Most bruises on infants are not long-term problems, although some bruises caused by forceps require surgical treatment.
Brachial Plexus Injuries happen when the network of nerves that connects the spine, shoulders and hands is damaged. If the symptoms include bruising or swelling, the situation may correct itself in several months. If there is major nerve damage, corrective surgery may be required and permanent damage often occurs.
Fractures are most often found in a baby’s collarbone after a difficult birth. Once immobilized, these fractures usually heal quickly.
Facial Paralysis is a possibility if nerves are damaged from the pressure of the birth canal. Sometimes the use of forceps can cause facial paralysis. Often, these injuries heal in 2-3 weeks. If the nerve damage is severe, surgery may be required and permanent damage may occur.
Brain Injuries occur when the baby does not get enough oxygen. Oxygen deprivation can happen if the baby loses a lot of blood, or the umbilical cord gets twisted or compressed. Prolonged oxygen deprivation can cause brain damage and a number of neurological disorders, including cerebral palsy, epilepsy, and autism.
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.
Here are some medical errors that may support a malpractice action:
- Failing to anticipate birth complications with a larger baby, or a high-risk condition in the mother.
- Failing to rapidly diagnose and treat preterm labor.
- Failing to respond appropriately to bleeding.
- Failing to respond to umbilical cord entrapment.
- Failing to treat a fetus that develops distress during delivery.
- Delaying the order for caesarian section (c-section).
- Misuse of forceps or a vacuum extractor during delivery.
- Inappropriate administration of drugs used to induce labor.
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 medical malpractice expert. If the medical malpractice expert feels there is a valid claim and we believe the case is worth pursuing, we will conduct a thorough analysis and investigation and proceed with the birth injury malpractice case.
You should also be aware of some special laws that apply to birth injury malpractice cases:
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.
Maternal Chemical Exposure
Nearly 150,000 babies are born each year with birth defects, about 1 out of very 33 newborns. Maternal chemical exposure at work during pregnancy can be a cause. If your child suffers from a birth defect associated with workplace chemicals, call Webb & Scarmozzino, to protect your rights. Delays can harm your case.
A birth defect is an abnormality of structure, function or metabolism (body chemistry) present at birth that results in physical or mental disability, or is fatal. Several thousand different birth defects have been identified. Birth defects are the leading cause of death in the first year of life.
Common birth defects include:
Down Syndrome - A genetic disorder (caused by the presence of an extra chromosome), which results in physical and mental abnormalities. Physical characteristics include a flattened face, widely spaced and slanted eyes, smaller head size and lax joints. Mental disabilities are also typical, though there are wide variations in mental ability, behavior, and developmental progress. Possible related health problems include poor resistance to infection, hearing loss, gastrointestinal problems, and heart defects.
Anencephaly - A fatal birth defect that happens when the neural tube does not fully close at the top. As a result, the skull and brain do not form properly. Babies with anencephaly die before or shortly after birth.
Encephalocele - A birth defect that is often fatal. Part of a baby's skull does not form properly, and part of the brain is outside of the skull. Those babies who do survive often have severe physical and mental handicaps.
Neural tube defect (NTD) - Problems in the growth of the spinal cord and brain in an embryo, when the neural tube doesn't close at the top (anencephaly) or the bottom (spina bifida). The defects occur in the first month of pregnancy, before most women know they are pregnant. About seven babies are born in the U.S. each day with these birth defects.
Spina bifida - A birth defect of the backbone and spinal cord that leaves the spinal cord exposed. A person with spina bifida may have learning disabilities or problems going to the bathroom because of lack of bowel and bladder control, and usually needs crutches or a wheelchair to get around. Eighty to ninety percent of babies with spina bifida survive, and most lead productive lives.
Some additional (and most rare) birth defects include:
- Achondroplasia
- Albinism
- Arnold-Chiari malformation
- Autism
- Cerebral Palsy
- Chromosomal Abnormalities
- Cleft Lip and Cleft Palate
- Clubfoot and Other Foot Deformities
- Congenital Heart Defects
- Craniosynostosis
- Cystic Fibrosis
- Down Syndrome
- Fragile X Syndrome
- Genital and Urinary Tract Defects
- Hashimoto's syndrome
- Hearing Loss
- Hypotonia
- Klippel-Feil syndrome
- Marfan Syndrome
- Muscular dystrophy
- Osteogenesis imperfecta
- Phenylketonuria (PKU)
- Progeria
- Rh Disease
- Sickle Cell Disease
- Tay-Sachs Disease
- Thalassemia
2121 West First Street, Ft. Myers, Florida 33901 239.334.1600 239.334.7979 (fax)
