Birth Injury

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Obstetricians have a legal obligation to provide the highest level of care possible to mothers and their babies. When obstetricians, nurses or doctors fail to give proper care, they may be held legally responsible.

Obstetrical errors result in the negligence of obstetricians or health care professionals before, during or after childbirth. Obstetrical care is essential to the well-being of the mother and child. While medical errors during the childbirth process are rarely intentional, they can still have serious consequences.

Birth Trauma

A birth injury is any type of injury suffered by an infant as a
result of the birthing process. Types of negligence on the part of
nurses, doctors or obstetricians that lead to birth injury include:

  • Failure to diagnose complications during pregnancy
  • Improper use of forceps during labor
  • Failure to perform a necessary cesarean section
  • Failure to take adequate medical history information
  • Failure to perform adequate physical examinations
  • Improperly inserting and monitoring IUDs

In some cases, birth trauma can lead to more permanent and
complicated conditions such as cerebral palsy or Erb’s palsy. Cerebral
palsy can result from brain injury during birth, affecting areas of the
brain that control motor functions and sensation.

Erb’s palsy is a result of damage to the brachial plexus nerves,
which control movement of the shoulders, arms and hands. Symptoms of
Erb’s palsy include
paralysis of the arms and loss of muscle control in the arms and hands.

Birth trauma is often a result of a difficult delivery, and injuries
suffered are minor and temporary. However, negligence on the part of
health care
professionals can lead to birth injury that affects the medical future
of a newborn.


Cerebral Palsy

The risk of Cerebral Palsy has emerged as one of the more common concerns for mothers today. This is a condition that results from brain damage during labor. The incorrect use of forceps on the child or the lack of oxygen to a child’s brain during childbirth can lead to extensive brain damage, a main cause of cerebral palsy. This condition causes permanent loss of muscle control, among other side effects involving mental impairment.