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Birth injuries occur at the very beginning of a child’s life, and in some cases, their effects last for the rest of the child’s life. Sometimes, birth injuries are evident right away, but in other cases, you may not notice any symptoms until your child is older.
When you do discover the issue, it could be permanent, and your child might require long-term medical care.
You want what’s best for your child, but if they have a birth injury, securing the care they need can be difficult. Some children with birth injuries need frequent doctor’s visits, physical or speech therapy, mobility aids like a wheelchair, and other assistance.
Unfortunately, health insurance doesn’t always cover these necessities fully and can also be expensive. At the same time, you also have to plan for your child’s future.
If they have significant disabilities, they may not be able to work as an adult, and they might need care either at home or in a group home. You want to save money for their future needs, but this can be difficult if you’re struggling to meet their current needs due to financial constraints.
If your child suffered a birth injury due to the negligence of the doctor who attended the birth, a birth injury lawyer can help you pursue compensation for these injuries, including:
Birth defects occur during the pregnancy, often early in the fetal development process, and are not related to anything that happens during the birth. They may be caused by genetics, infections, or exposure to chemicals or toxins during pregnancy, and in most cases, they are not associated with a healthcare provider’s negligence.
One exception might be if your doctor prescribed a medication known to cause birth defects without asking about the possibility of a pregnancy or discussing the risks with you. This would not be a birth injury, but it could be a case of medical malpractice.
Birth injuries are caused by trauma during the birth, which is sometimes due to a healthcare provider’s negligence. Here are some common ways that a negligent doctor might cause a birth injury:
Below are some of the most common birth injuries we see, although this is not an exhaustive list. If your child suffered any kind of injury at birth, we recommend speaking with a Bridgeport personal injury lawyer to learn more about your options.
Shoulder dystocia refers to difficulty delivering the baby’s shoulder. When it results in damage to the nerves that control the hand and arm, the baby could have trouble moving the arm and even permanent nerve damage in some cases.
If this does occur, an early diagnosis and intervention with physical therapy exercises can help reduce the risk of permanent damage.
This condition is caused by pressure on the baby’s face during delivery and is more common when forceps are used. The pressure can damage facial nerves, leaving the baby with paralysis on one side of the face.
In milder cases, the nerves may heal on their own, and the symptoms will resolve. More severe cases may require surgery, and in some situations, the nerve damage could be permanent.
Other nerves can also be damaged, including the phrenic nerve, which controls bleeding, and the spinal cord, an injury that could potentially cause paralysis.
Sometimes, shoulder dystocia or a breech delivery can be complicated enough to cause a fracture in one or more of the infant’s tiny bones. Most commonly, the collarbone or clavicle is affected.
These usually heal quickly, but the baby may require a splint to restrict movement until the bone is repaired.
This is caused by any situation that results in a lack of oxygen to the baby’s brain during delivery. If the brain lacks oxygen for too long, permanent damage may occur, potentially affecting a number of areas of the brain.
HIE is one of the most common causes of Cerebral Palsy, a lifelong condition of impaired motor function, such as difficulties with strength, flexibility, and coordination.
It’s important to understand that the symptoms of hypoxic brain injuries often don’t appear for months or even years after the child’s birth. If your child has recently been diagnosed with Cerebral Palsy, other neurological difficulties, or developmental delays, and you suspect the diagnosis is related to an issue that occurred at birth, please speak with an attorney right away.
Connecticut law allows you to file a medical malpractice suit within two years of the date of injury or when the damage is discovered but no more than three years after the negligence occurred. Even if it has been less than three years, your lawyer will need time to prepare your case, so we encourage you to seek legal advice right away.
Sometimes, new parents notice bruising or scratches on the baby’s head. The use of instruments like forceps or vacuum extractors often causes these, but in most cases, bleeding outside of the skull bones is not serious and will resolve on its own.
However, in some situations, a birth trauma can cause bleeding in the brain and may require prompt treatment.
If your child has suffered a birth injury, please contact Bert McDowell Injury Law for a free consultation to learn your options. We’ll review your case, answer your questions, and outline your options for pursuing compensation.
There are no upfront fees, and if we take your case, you won’t owe us anything until we win or settle it.
Bert McDowell Jr. is an experienced trial attorney who has recovered millions of dollars in compensation for injured people and their families. The growth of his law practice attracted the attention of 40 Under 40 Connecticut Magazine, where he was featured.
He also became one of the National Trial Lawyers Top 40 Under 40 and has been a Super Lawyers Rising Star for four consecutive years. Mr. McDowell prides himself on community service and serves on multiple nonprofit boards.
In 2017, he received the 100 Men of Color Award for his nonprofit work and stellar legal reputation, and in 2018, he was given the Man of Excellence Award from the organization Black People Rocks. Work with him today by calling (203) 590-9169.