Sadly there are times when physical injury can occur to a baby during childbirth. This is often referred to as ‘birth trauma’ or a ‘birth injury’. Difficult births or injuries may occur due to the baby’s position during delivery or size.
Some of the more common birth injuries are –
• Brachial Palsy
• Sub-conjunctival Hemorrhage
• Bruising/Forceps Marks
• Caput Succedaneum
• Facial Paralysis
and it is at these times when an Injury Attorney can protect their rights and get them the proper compensation for damages.
The difference between birth injury and birth trauma have clear distinctions that the Injury Attorney is well qualified to address. The term ‘Birth Injuries’ covers any systemic damages that may occur during the delivery such as-
• Infection Factors
• Biochemical Factors
• Toxic Factors
• Hypoxic Factors
‘Birth Trauma’ has its focus mainly on mechanical damages like –
• Intradural Bleedings
• Displacements of The Cranial Bones
• Small Subperostal Hemorrhages
• Subcapsular Heamaomas of the Liver
• Caput Saccedaneum
• Subcutaneous Hemorrhages
and covers the long lasting effects associated with physical birth injuries. This includes adaptive and compensatory mechanisms as well as the development of the pathological processes (pathogenesis) post-damage.
Attorneys And Birth Injury:
An Injury Attorney will go to work investigating the circumstances that surrounded the birth injury and has had such a devastating impact on the family.
There are those birth injuries that are immediately clear and others that might not be recognized until a specialist evaluates the baby. The law firm will have medical experts who will review all documentation and medical records from the birthing facility.
They will also study the records from any specialists who may have treated the baby. These experts are professionally qualified to determine if any malpractice has taken place or if any delivery errors led to the injury or disease of the baby. Even if years have passed.
Genetic testing is another area of birth injury handled by injury attorneys. Parents need to know and understand what their options are according to law when their baby is born with a certain condition that no doubt should have been detected.
If the doctor did not offer them genetic testing or did not inform the parents about the risk they were facing, or if the doctor somehow misread any genetic test results they had, that caused the baby to be born with some defect then legal recourse is a distinct possibility.