nurse checking on child's birth defects

As the parent of a child with a birth defect, undoubtedly you’re concerned as to whether some form of medical malpractice might have caused those defects.

Birth injuries and defects can range in scope from cerebral palsy (one of the most well-known types) to Erb’s palsy, facial paralysis, temporary swelling or bruising, fractures, or brain damage. Possible causes of these problems are attributable to a number of factors, including:

  • Deprivation of Oxygen: For example, the baby remained in the birth canal too long; or the umbilical cord twists, compresses, or wraps itself around the baby’s neck.
  • Medical Malpractice Errors:
  • baby being born

    • The doctor didn’t require specific tests during the course of pregnancy, and/or improperly interpreted tests;
    • Failure to respond to mother and/or baby’s distress signals before and during the birth process;
    • Improper and/or extreme use of force and/or tools such as forceps or vacuum extraction;
    • The improper insertion of an oxygen tube by a medical practitioner;
    • Failure to perform a cesarean section in a timely manner;
    • Not properly diagnosing and treating the baby’s seizures following delivery.

An exceptionally difficult delivery may be cause for concern, as there are certain risk factors which may contribute to birth defects and birth injuries. Some of these risk factors include:

  • The baby’s weight is more than 9 pounds
  • The baby is too big to fit through the birth canal
  • The baby is born in breech position
  • The labor is either abnormally short, or takes far too long
  • Delivery took place via vaginal operation, cesarean section, or forceps or vacuum extraction

If you have reason to suspect that medical malpractice caused or contributed to your child’s birth defect, seek a legal professional who handles these types of cases in order to obtain advice on how to proceed.

Author Photo

Paul d’Oliveira

Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.

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