Medical Malpractice and Birth Injuries

Although a great majority of the babies born in the US are generally healthy, there are still those who suffer birth defects which can be either hereditary, congenital, or acquired during the childbirth. Although these birth defects can be treatment with a vast number of surgeries and medical care available, the emotional and financial burden that they cause can already be a big burden to bear. Those who have experience having their baby go through a birth injury that is preventable and was cause be negligence during the birthing process can file for personal injury or medical malpractice claims.

Birth defects caused by hospital negligence are a leading cause of medical malpractice claims in the US. Among the more common causes of birth defect is Erb’s palsy. Erb’s palsy is a specific form of brachial plexus palsy that causes frailty or loss of motion in the child’s arm. It usually results from trauma during delivery, often from negligence, especially if the neck of the baby was stretched too long is a one angle. This would lead to damages to the nerve which then result to the child’s loss of motion and feeling in the affected area.

Erb’s palsy can be filed as medical malpractice or birth injury claim if the physician or anyone on the medical staff during the delivery has pulled the baby’s head the wrong time or pulled too strongly on the shoulders. Wrong or excessive use of medical tools that caused the injury can also be grounds for a lawsuit, along with many other factors. What the parents should understand and be aware of it the time restraint that this type of personal injury claims has, as well as its statutes of limitations. It is also vital to find a lawyer that specializes on this type of tort law and knows how these type of claims will proceed.

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