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When medical mistakes made during the labor and delivery process harm infants, families and injured babies will be entitled to compensation for their injuries and losses.

In the U.S., experts estimate that about seven in every 1,000 newborns suffer a significant, traumatic birth injury each year.

Types of Birth Injuries

In most cases, birth injuries are minor, treatable and will dissipate within the first weeks of an infant's life. Bruising, swelling and even minor fractures are not uncommon during the delivery process.

Rarely, however, severe, incurable birth injury can occur. These birth injuries, which can significantly impair a baby for life, may include:

• Autism, impaired communication, social interaction and behavior (mainly exhibited through repetitive behavior)
• Cerebral palsy, a neurological disorder marked by impaired thought, speech, movement and/or coordination
• Erbs palsy (also known as brachial plexus injury), loss of sensation and/or function in the shoulders, arms and/or hands due to a nerve injury in the neck

When Malpractice Occurs: Causes of Birth Injuries

Birth injuries are most likely to occur when other labor complications, such as the following, arise:

• breech birth (babies are delivered feet first, rather than head first)
• low birth weight (less than 3.3 pounds)
• multiple births
• premature birth (birth before 32 weeks of pregnancy)

In these events, doctors and nurses are more likely to not properly diagnose and promptly treat the following:

• an infant's lack of oxygen
• changes in fetal heart rate
• exposure to toxins (such as lead or mercury)
• newborn meningitis and/or jaundice
• maternal infections (including syphilis, measles or chicken pox)
• maternal signs of distress (such as high blood pressure, blood poisoning or elevated heart rates)
• prolapsed cord (a condition in which the umbilical cord wraps around a baby's neck and cuts off his air supply)
• seizures (in either the pregnant mother or the newborn)

Such complications (in addition to delayed C-section and improper use of vacuum extraction or forceps) are some of the primary causes of birth injury.

Following Malpractice: Birth Injury Lawsuits

Should infants be diagnosed with a severe birth injury, it's vital that parents:

• Seek emergency medical attention to prevent their infant from suffering from further health complications
• Follow through with all prescribed treatments to ensure optimal recovery and the best possible quality of life for their child
• Meet with an experienced birth injury lawyer, once their child's health is stable, to find out if they have a case and are entitled to lifetime benefits to enhance their child’s quality of life

During a free initial consultation, prospective plaintiffs can get a thorough evaluation of their case, as well as expert advice regarding the best manner in which to pursue their claim.

Those who decide to stand up for their legal rights and seek the settlements they deserve can recover compensation for their infant's:

• past hospital bills
• ongoing treatment costs
• permanent disabilities
• future costs of living (should autism be severe enough to impair an individual from earning a living in the future)
• emotional pain and suffering

Has your child suffered a birth injury as a result of medical malpractice? Even if you are unsure if medical malpractice led to your baby’s birth injury, you should seek professional legal help from a qualified birth injury attorney who will thoroughly evaluate your case and help you recover the compensation you need to cover financial, emotional and physical damages. For more information, please contact us today.

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