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Birth Injury Lawyer Albuquerque, NM

Birth injuries, occurring in about 0.06-0.08% of live births, are often linked to trauma during labor and delivery. From fractures to hypoxic-ischemic encephalopathy, the range of birth injuries is vast and can lead to lifelong disabilities. Financial compensation through a birth injury lawsuit may help cover treatment costs and other expenses, and help the entire family feel that they have received justice. Families affected by medical malpractice during childbirth may have legal avenues for seeking accountability and support. Understanding the risks and implications of birth injuries is crucial for ensuring the well-being of both newborns and their families. Consider visiting with a compassionate and understanding birth injury attorney at Erin Marshall Law to learn more about your legal options. 

An occurrence of structural damage or functional deterioration in a newborn due to a traumatic event during labor or delivery is termed as a Birth Injury. When considering birth injuries, it is important to note that certain events before birth, such as amniocentesis and intrauterine transfusions, are not classified as birth injuries. Similarly, injuries resulting from neonatal resuscitation procedures do not fall under this category.

Some birth injuries can arise from the use of fetal scalp electrodes and intrapartum heart rate monitoring, typically happening during the second stage of labor when the fetus descends through the birth canal. Incidences of neonatal birth injuries are relatively rare, constituting approximately 0.06-0.08% of live births, and accounting for less than 2% of neonatal deaths.

Moreover, it is crucial to understand that birth injuries can range from minor to severe, potentially leading to lifelong disabilities. Common examples of these injuries include:

  • Brachial plexus injuries like Erb’s palsy
  • Fractures, often to the clavicle (collarbone)
  • Hypoxic-ischemic encephalopathy (HIE)
  • Intracranial hemorrhage (bleeding in the brain)
  • Spinal cord injuries

 

Given the potential severity of birth injuries, families affected by medical malpractice during childbirth may pursue financial compensation through a birth injury lawsuit. This compensation can assist in covering treatment costs and other related expenses, emphasizing the importance of understanding the risks and implications of birth injuries for the well-being of newborns and their families.

Birth Defects vs. Birth Injuries

When discussing birth complexities, it’s essential to differentiate between birth defects and birth injuries. While both can have significant impacts on a child and their family, there are fundamental distinctions between the two.

Birth defects are typically present at birth and result from genetic factors, environmental influences, or a combination of both. They are often unavoidable and are not caused by events during labor or delivery. These conditions can affect various parts of the body, such as the heart, brain, or limbs, and may lead to lifelong challenges for the child.

On the other hand, birth injuries occur during the labor and delivery process, often as a result of medical negligence, trauma, or complications during childbirth. Unlike birth defects, birth injuries are typically preventable and may involve damage to the baby’s body or brain due to actions taken or not taken by healthcare providers during the birthing process.

It’s crucial to understand that while birth defects are not usually anyone’s fault, birth injuries could be the result of medical errors or improper care during pregnancy and delivery. Seeking legal advice and understanding the difference between these two types of conditions is vital for families dealing with the consequences of birth complications.

Medical Negligence and Birth Injuries

Medical negligence during childbirth can lead to serious birth injuries for the infant, causing long-term consequences that may affect the child’s entire life. There are various forms of medical malpractice that can result in birth injuries, including:

  • Failure to act quickly in dangerous situations
  • Failure to diagnose health conditions in the mother or baby
  • Failure to monitor the mother or baby post-childbirth
  • Misuse of birthing tools like forceps or vacuum extractors
  • Use of excessive force during childbirth

 

Complications arising from these instances of medical negligence can include conditions such as bleeding inside the brain, shoulder damage, and skull fractures. It is essential for healthcare providers to carefully evaluate the necessity and safety of both the mother and the child before, during and after delivery. 

For families facing the challenges of raising a child with a birth injury, understanding their legal options can be crucial. While some birth injuries may be challenging to trace back to a specific cause, seeking a birth injury lawsuit to claim compensation for the costs of caring for the child becomes essential in order to provide the best possible life for the child. 

Types of Birth Injuries

While this list is not exhaustive, the following are types of birth injuries that often result from medical negligence. 

  • Common in 23 out of every 1000 children.
  • Characterized by lack of motor skill development, weak muscles, and muscle spasms.
  • Typically the result of brain damage during birth.
  • Can lead to lifelong health issues such as vision and hearing impairments.
  • Occurs due to damage to C5-C6 motor roots.
  • Affects upper trunk muscles, presenting as arm adduction and medial rotation.
  • Loss of biceps reflex and sensation on the lateral arm.
  • Severe cases may involve wrist flexion and atrophy of affected muscles.
  • Refers to the death of a baby in the uterus before delivery.
  • Can be caused by various factors, including infection or umbilical cord problems.
  • Results in a stillbirth and emotional trauma for the parents.
  • Common condition caused by excess bilirubin.
  • Leads to yellowing of the skin and eyes in newborns.
  • Usually harmless but requires monitoring and treatment in severe cases to prevent complications.
  • Rare but serious condition caused by untreated severe jaundice.
  • Bilirubin builds up in the brain, leading to brain damage.
  • Can result in severe lifelong disabilities such as hearing loss and movement disorders.
  • Collection of blood between the skull and periosteum.
  • Often due to prolonged pressure during birth.
  • Typically resolves on its own without treatment but may increase the risk of jaundice.
  • Results from trauma during childbirth affecting the spinal cord.
  • Can lead to paralysis, loss of sensation, and impairments in motor function.
  • Treatment and prognosis vary based on the severity and location of the injury.
  • Occurs when a vacuum device is used during delivery.
  • Can cause scalp lacerations, bruising, and swelling in newborns.
  • Immediate medical attention is crucial to prevent further complications.
  • Damage to cranial nerves during birth.
  • May result in various issues like facial paralysis or impaired vision.
  • Treatment options depend on the specific nerves affected and the severity of the injury.
  • Injury to the laryngeal nerve during birth or delivery.
  • Can lead to difficulties in breathing, swallowing, or vocal cord paralysis.
  • Requires prompt evaluation and management by healthcare professionals.
  • Fractures or broken bones that occur during childbirth.
  • Commonly affect the clavicle or collarbone.
  • Treatment involves immobilization and monitoring for proper healing.

Signs and Symptoms of Birth Injuries

When it comes to birth injuries, signs and symptoms can vary from mild to severe, depending on the type and extent of the injury sustained. It’s crucial for parents and caregivers to be aware of these signs, as some may not manifest immediately after birth.

Here are key indicators that may suggest a newborn has experienced a birth injury:

  • Abnormal movements: Unusual body movements or stiffness could be a sign of a neurological issue.
  • Difficulty feeding: Challenges with feeding or sucking may point to oral or cranial nerve damage.
  • Excessive crying: Persistent, high-pitched crying could indicate pain or distress.
  • Weakness in limbs: Limited movement or weakness in arms or legs might be a sign of nerve damage.
  • Unusual head shape: Abnormal head shape could be a result of cranial or brain trauma during birth.

 

Symptoms of birth injuries may not always be immediately apparent and could manifest later in a child’s life. While not definitive proof of a birth injury, these signs serve as red flags that parents should monitor closely. Keeping a watchful eye on a child’s development and seeking medical advice if any concerning symptoms arise is crucial for early intervention and optimal outcomes.

By being alert to these signs and symptoms, loved ones and caregivers can take action to address and prevent elder abuse in adult care environments.

Birth Injuries and Medical Malpractice

The following are some instances where medical malpractice and health care negligence results in birth injuries. 

In some cases, medical malpractice during a cesarean section, or C-section, can lead to serious complications for both the mother and the baby. Unsafe C-section procedures can result in injuries that may have long-lasting effects. Conversely, a failure to perform an emergency C-section when necessary can also lead to birth injuries.

The use of forceps during delivery is a common practice to assist in vaginal deliveries. However, when not used correctly, forceps delivery can result in various complications that may harm the baby. Improper application of forceps or excessive force during delivery can lead to birth injuries that could have been prevented with proper medical care.

Similarly, vacuum extraction is another birthing tool that, when misused, can cause birth injuries. Applying too much force with the vacuum extractor or using it inappropriately can result in complications for both the newborn and the mother. These errors in handling the vacuum extractor can cause significant harm and require immediate medical attention.

Wrongful birth is a legal concept that arises when a healthcare provider fails to inform parents of potential birth defects or disabilities during prenatal care. This lack of disclosure can prevent parents from making informed decisions about the pregnancy, leading to emotional distress and financial challenges when caring for a child with unexpected medical needs.

Other Causes of Birth Injuries

Aside from medical malpractice, other factors can contribute to birth injuries. These may include maternal health issues, fetal health complications, prolonged labor, complications during childbirth, and the improper use of delivery instruments like forceps and vacuum devices. Understanding the various causes of birth injuries is crucial in preventing future incidents and ensuring the safety of both mother and child.

Psychological Wellbeing of Parents After a Birth Injury

Experiencing a birth injury can have profound effects on the psychological wellbeing of parents. It is common for parents to feel overwhelmed, anxious, and distressed when their child is affected by a birth injury. The emotional toll of navigating medical treatments, uncertainties about the future, and the impact of the injury on their child’s life can lead to high levels of stress and emotional strain.

Parents may experience feelings of guilt, helplessness, and sadness, questioning why this happened to their child. It’s crucial for healthcare providers to recognize and address the psychological impact of birth injuries on parents. Providing emotional support, access to counseling services, and resources for coping can help parents navigate this challenging time.

Furthermore, the financial burden of caring for a child with a birth injury can add additional stress and anxiety for parents. Managing medical expenses, therapy costs, and long-term care can create significant financial challenges for families. It’s essential for healthcare providers to offer guidance on available resources, financial aid options, and support networks to assist parents in managing these financial pressures.

Parental mental health plays a crucial role in the overall wellbeing of the family. It’s important for parents to prioritize self-care, seek support from family and friends, and engage in open communication with healthcare providers about their emotional needs. By addressing the psychological wellbeing of parents, healthcare professionals can help support families in navigating the complexities of caring for a child with a birth injury.

Ultimately, prioritizing the psychological wellbeing of parents is integral to the holistic care of families affected by birth injuries. By providing emotional support, resources, and guidance, healthcare providers can empower parents to advocate for their child’s needs, navigate the challenges ahead, and foster a supportive and nurturing environment for their family.

Contact a Compassionate Albuquerque Birth Injury Attorney at Erin Marshall Law

Navigating the complexities of birth injuries can be overwhelming for parents. Seeking legal guidance from an experienced birth injury attorney can provide valuable support and assistance in understanding your rights and options. Erin Marshall Law is dedicated to helping families affected by birth injuries seek justice and compensation for their child’s future needs. By partnering with a knowledgeable attorney, you can ensure that your family receives the care and resources necessary to move forward confidently. Reach out to Erin Marshall Law today to discuss your case and take the first step towards securing a brighter future for your family.

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Erin Marshall Law | Birth Injury Lawyer Albuquerque New Mexico