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1. What are the most common types of birth injury?
- Cerebral palsy
- Shoulder dystocia
- Erb's palsy/brachial
plexus injuries
- Brain injury caused
by improper use of vacuum extractors
- Untreated jaundice
2. Is there statute of
limitations for birth injury cases?
Most claims must be filed within a certain amount of
time of the injury. These time limits, called statutes
of limitations, vary from state to state. It is
imperative that these statutes are observed because once
they expire, cases may be barred forever.
3. What are the most common instances of medical
negligence in a birth injury case?
The most common examples of medical negligence are
related to improper responses by the doctor or anyone on
the medical team. These responses are usually related to
unforeseen circumstances, such as a larger baby than
expected, an unexpected shift in baby's position, and
other unexpected complications, which may include:
- Bleeding, distress,
or lack of oxygen experienced by mother or infant
- Umbilical cord
entrapment or compression
- Delay in decision to
do cesarean section
- Use / misuse of
vacuum extractor and forceps
- Delay in recognizing
or treating Infections
4. What should I do if
I suspect medical negligence caused my child’s birth
injury?
As soon as you suspect that negligence may be the cause
of the birth injury in your baby, you should contact
an experienced Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. birth injury
attorney. It is necessary to gather facts and evidence
early. There is a statute of limitations for filing
medical malpractice claims, so do not delay. Contact
us today.
5. How do I know if my doctor's negligence caused my
child's birth injury?
There are several tools that birth injury attorneys use
to prove that an injury was caused by negligence or
carelessness. An experienced attorney will closely
observe and investigate every aspect of your pregnancy
and childbirth. He or she will carefully study the
medical records, including neonatal records, the fetal
heart monitor and strip, newborn records, and your labor
and delivery records. Also, copies of imaging studies
performed on the child, including ultrasounds, CT scans,
or MRIs of the head should be carefully studied. Any
deviation from the standard of care is a good indication
that negligence has occurred. At Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A.,
we have experience in these types of cases and how to
investigate them. Contact us
today to discuss your case.
6. My child was diagnosed with a birth injury called
Cerebral Palsy. What is and what causes cerebral palsy?
Cerebral palsy is a condition involving a group of
disorders that affects the child's ability to control
his or her own movement. Cerebral palsy results from
injury to the cerebrum (the largest portion of the
brain, involved with higher mental faculties,
sensations, and voluntary muscle activities). It can be
caused by injury to the brain before, during, or after
birth.
7. What are other types of birth injury?
Other types of birth injuries include:
- Fractures -
fractures of the clavicle or collarbone are most
common
- Intracranial
hemorrhage - bleeding in the baby's head
- Spinal cord trauma
-
Cephalohematoma -
an area of bleeding beneath the scalp, which can
lead to jaundice- Cranial nerve trauma
- Swelling, bleeding,
bruising, or discoloration of the scalp
- Depressed skull
fractures
- Bruising/forceps
marks
- Facial paralysis
- Temporary body
paralysis
- Group B strep
infections
- Spasticity - a
condition in which certain muscles are continuously
contracted
- Soft tissue injuries
- Skin irritation
8. What is the
difference between a birth defect and a birth injury?
Birth injuries are generally caused by something that
went wrong during child 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.
9. Should I hire a lawyer to help with a birth injury
claim?
Yes. Contacting or hiring an attorney does not
necessarily mean you are suing anyone. However, it is a
good idea to do this if you feel you have a case. An
Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. attorney will be able to assess
your case in the first meeting and advise you of your
rights and options for litigating the case. Contact us
today, we are on your side.
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