At James Wood Law, we understand the devastating impact that birth injuries can have on families. Our team of experienced medical malpractice attorneys in Los Lunas, NM, is dedicated to helping parents and children who have suffered as a result of negligence during childbirth. If your child has experienced a birth injury, we are here to provide you with the legal support and guidance you need.
Call (888) 579-3866or fill out our online contact formtoday to request a free case review with our birth injury lawyer in Los Lunas.
What are Birth Injuries?
A birth injury refers to any physical harm or trauma that occurs to a newborn during the process of childbirth. These injuries can range from mild and temporary conditions to severe and long-lasting disabilities.
Birth injuries can result from various factors, including the baby's size and position, the mother's health and medical conditions, the use of medical interventions during labor, and the skill of the medical professionals involved.
Common birth injuries include:
Cerebral Palsy: This is a group of disorders affecting a child's movement, posture, and muscle tone, caused by damage to the brain before, during, or shortly after birth.
Hypoxic-Ischemic Encephalopathy (HIE): This occurs when the baby's brain doesn't receive enough oxygen, leading to potential brain damage.
Bruising and Swelling: Minor injuries like bruises or swelling can occur during delivery, particularly if forceps or vacuum extractors are used.
Fractures: Bones, such as collarbones or the clavicle, can break during difficult deliveries.
Nerve Damage: Nerves may be stretched or damaged during birth, leading to conditions like Erb's palsy or facial nerve paralysis.
Brain Bleeds and Hemorrhages: Trauma during delivery can result in bleeding in the baby's brain.
Meconium Aspiration Syndrome (MAS): If a baby inhales meconium (the first stool) before or during birth, it can lead to respiratory problems.
Cephalohematoma: This is a collection of blood beneath the baby's scalp, usually resulting from pressure during delivery.
Common Causes of Birth Injuries
Birth injuries can occur due to various factors, and it's essential to understand that not all injuries are preventable. However, some common causes of birth injuries include:
Prolonged or Difficult Labor: If labor is prolonged or difficult, the baby may experience increased pressure, leading to potential injuries during delivery.
Large Baby (Macrosomia): When a baby is significantly larger than average (macrosomic), it can make delivery more challenging and increase the likelihood of birth injuries.
Abnormal Presentation: Babies are typically delivered head-first, but in some cases, they may present feet-first (breech), shoulder-first (transverse), or with the umbilical cord ahead (cord presentation). Abnormal presentations can increase the risk of injury during delivery.
Failure to Monitor Fetal Distress: If medical professionals fail to monitor and respond appropriately to signs of fetal distress, the baby's health could be compromised, leading to potential birth injuries.
Multiple Births: Twins, triplets, or other multiple births are associated with a higher risk of birth injuries due to the complexities of the delivery process.
Maternal Health Issues: Certain maternal health conditions, such as diabetes, high blood pressure (preeclampsia), or infections, can increase the risk of birth injuries for the baby.
Umbilical Cord Issues: Compression or prolapse of the umbilical cord during delivery can disrupt the oxygen supply to the baby, potentially leading to birth injuries.
Assisted Delivery: The use of forceps or vacuum extractors to aid in delivery can cause minor injuries like bruising or more severe injuries, such as nerve damage.
Medical Negligence or Malpractice: In some cases, birth injuries occur due to medical errors, negligence, or mismanagement of the delivery process.
Premature Birth: Babies born prematurely may have underdeveloped organs and are more vulnerable to various health issues, including birth injuries.
Infections: Infections in the mother or baby during pregnancy or delivery can sometimes lead to complications and birth injuries.
Proving Liability in Birth Injury Cases
These may include:
Duty of Care: The healthcare provider has a professional duty to offer a standard level of care.
Breach of Duty: The provider’s actions or omissions deviated from the accepted medical standard of care.
Causation: This breach directly provoked or contributed to the birth injury.
Damages: The injury led to specific damages, like medical fees, pain and suffering, and other losses.
What Damages Could Be Recovered in a Birth Injury Claim?
Possible damages could include:
Medical Expenses: Compensation for past, present, and future medical expenses that are related to the injury, like hospital stays, surgeries, medications, and ongoing therapy. In instances where a child will require lifelong care, the claim may also cover assistive devices, home modifications, and long-term medical treatments.
Rehabilitation and Therapy Costs: Birth injuries often require ongoing physical, occupational, and speech therapy. These therapies can be costly and extend for years, making them a crucial part of any compensation.
Lost Earning Potential: If the injury is expected to impact the child's ability to work and earn a living in adulthood, a claim may pursue compensation for future lost earning capacity. This calculation considers the child’s potential career prospects and life expectancy.
Pain and Suffering: Non-economic damages, like pain and suffering, compensate for the physical and emotional despair resulting from the injury. This category may include compensation for the impact on the child’s quality of life and the emotional toll on the family.
Loss of Enjoyment of Life: If the injury severely restricts the child’s ability to enjoy normal activities, this type of compensation may apply. This damage recognizes the effect on the child’s ability to engage in everyday experiences and milestones.
Emotional Distress for Parents: Some claims allow for compensation to parents for their emotional distress due to their child’s injury and the associated hardships.
Contact Our Los Lunas Birth Injury Lawyer Today
Our medical malpractice attorneys have extensive experience in handling birth injury cases. We work closely with medical experts to thoroughly investigate the circumstances surrounding your child's injury and determine if negligence played a role.
Our goal is to hold the responsible parties accountable for their actions and help you secure the compensation your child deserves for medical expenses, ongoing care, pain and suffering, and other related damages.
If your child has suffered a birth injury due to medical negligence, don't hesitate to reach out to James Wood Law. Contact ustoday to schedule a free consultation, and let our Los Lunas birth injury attorney fight for your rights and your child's future.
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