Common Questions About Birth Injury

While we live in an age of scientific and medicinal advancements, humans are still infallible and can cause others harm even when they’re trying to help. This is true in many cases of medical malpractice and especially birth injuries. While a doctor or medical professional has years of training and knowledge, it only takes the slightest amount of negligence to cause irreparable harm. Human error can cause significant damage to a newborn and cause a lifetime of pain and hardship for the child and their family.

At Colling Gilbert Wright, our experienced medical malpractice lawyers have dealt with many cases of birth injury and helped families seek justice and compensation. Childbirth should be an exciting time as your family expands but when you’re forced to deal with an injury to your child, a joyous occasion can be anything but.

At our firm, we often get questions about this type of injury. Here we’d like to go over some of the more common birth injury questions we receive and remind you that we’re here during this difficult time to help fight for you so that you can give your little one the life they deserve.

How can a birth injury happen in the 21st century?

Unlike birth defects, which are congenital problems, birth injuries are caused by mechanical problems or lack of oxygen during childbirth. Most birth injuries are preventable with proper observation and care of the attending medical staff. Because these injuries are largely preventable, the medical staff that caused the accident may be held liable for damages.

What kinds of birth injuries are possible?

Lack of oxygen is the leading cause of birth injury, which can result in cerebral palsy and other brain injuries. While cerebral palsy presents itself immediately, some brain injuries are not noticed for months, or even years after certain developmental milestones are missed.

Mechanical injuries caused during birth, with improper use of forceps or vacuum assistance, may include:

• Erb’s palsy
• Fractures limbs
• Dislocations
• Cuts and bruises

How can I afford to pay for my child’s care?

Children who suffer neurological birth injuries, like cerebral palsy, Erb’s palsy, or spinal cord injury, will require a lifetime of medical care, special equipment, and rehabilitation. In some cases, the responsible parties may be held accountable in civil litigation.

If your child suffered a neurological birth injury, you may be able to apply for help from Florida’s Neurological Injury Compensation Association (NICA). For eligible families, this organization can help with compensation without having to go through the process of litigation.

Who is liable for damages?

Birth injuries are usually caused by mechanical problems during birth, or failure of medical staff to respond effectively to emergencies. Hypoxia, or lack of oxygen to the brain, may result in severe brain injury including cerebral palsy. In some cases, the injury may have been avoided by properly diagnosing presentation issues ahead of time and electing a cesarean section rather than a vaginal delivery. This type of mistake may be considered medical malpractice, or at least negligence.

If you don’t qualify for assistance from the NICA, you should consider retaining a qualified birth injury attorney. They’ll help you establish the facts of the injury and hold those liable accountable. We will work for you to get the compensation you and your child deserve. If you’d like to find out how our attorneys can help you, please call 407-712-7300 or complete our online form to schedule a free consultation. We proudly serve those who live in and near the areas of Orlando, Tampa, and the Four Corners, Florida.