If you or a loved one have suffered from a birth injury or birth defect, you could be entitled to compensation for your medical bills, lost income and pain and suffering, among other losses. We are working with experienced medical malpractice lawyers in RI and MA, who handle birth injury cases and there is no fee unless you get a settlement or award. Contact us 24/7, toll free or online, for a free (no obligation) case evaluation.
What Are Birth Injuries?
Birth injuries are injuries that are caused during the process of birth itself. Most birth injuries are caused by complications during labor or delivery and in some cases they are caused by a medical error. They are often preventable and often lead to severe medical problems that can last for a lifetime.
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Due to Medical Malpractice?
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What Are Some Examples of Birth Injuries?
Examples of birth injuries caused by medical malpractice are:
- Cerebral Palsy (damage to the nerves which affects movement)
- Erb’s Palsy (injury to the group of nerves which control the arms and legs)
- Wrongful Death
- Fractured Bones (especially the collar bone)
- Organ Failure
- Mental Retardation
- Learning Disabilities
- Other Injuries
These birth injuries can be caused in a variety of ways:
- Failure to diagnose a condition of the fetus or mother that complicates birth.
- Failure to diagnose or respond to fetal distress.
- Failure to respond to bleeding during delivery.
- Failing to respond to complication with umbilical cord, such as entanglement.
- Delay or Failure in ordering C-section.
- Misuse of medical devices, such as the extractor, forceps, or vacuum.
- Improper drugs administered during birth.
- Negligent care by hospital staff.
These injuries are not always a result of medical malpractice. However, they can often be avoided if the doctor performs to the standards that they are legally required to.
What Are Birth Defects?
Birth defects occur when a child has not fully physically or mentally developed in the womb. Birth defects are one of the leading causes of infant deaths. They may be caused by any number of factors. However, in many cases, they occur because the fetus was exposed to something harmful. For example, medical malpractice may have exposed the fetus and the mother to viruses like rubella.
The following birth defects can be caused due to medical malpractice:
- Persistent Pulmonary Hypertension (PPHN)
- Congenital Rubella Syndrome (CRS)
- Abdominal Birth Defects
- Cleft Lip or Palate
- Club Foot
- Down’s Syndrome
- Hypoplastic Left Heart Syndrome (HLHS)
- Septal Heart Defects
- Spina Bifida
- Other Defects
What Is Your Birth Injury Case Worth?
When considering the value of a birth injury case, certain factors will be taken into account in order to compensate you. The amount of medical bills that have already been paid, as well as income that may have been lost due to increased time spent caring for the person with the injury, will be examined. Additionally, the pain and suffering experienced by the child will be examined as well as how the injury has affected the parents.
Potential “future” losses will also be considered. These are losses that will be incurred over the course of time related to care for the sufferer. In some states, in rare cases, a judge or a jury will award “punitive” damages. These are awarded when the doctor that committed malpractice was extremely out of line with what a normal doctor would have done.
Examples of successful birth injury lawsuits:
- $103 Million to a New York woman that gave premature birth to twins with Cerebral Palsy. The doctor and hospital staff failed to recognize that the mother was in labor and then allowed the mother to deliver the babies normally instead of ordering a C-Section.
- $25 Million to a New York woman whose child suffered from severe brain damage after hospital staff forced her to wait over 5 hours to deliver her baby, after they determined the baby was in a breech position. The hospital staff conducted the procedure without a train obstetrician in attendance. The original award was for over $116 million, but was reduced by the judge.
- $6 Million to a New York woman whose child developed Erb’s Palsy after her baby’s shoulders became stuck during birth. There were reasonable indications that a C-Section was necessary, but the doctors attempted a vaginal birth instead.
Why Contact Us?
If you or a loved one have suffered a birth injury, you could be entitled to compensation for your medical bills, lost income and pain and suffering, among other losses. We are working with experienced RI and MA birth injury lawyers, who can file a lawsuit on your behalf and charge no fee unless you win a settlement or award. Contact us toll free or online for a free (no obligation) case evaluation.