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Birth Injury: Pursing Medical Negligence Claims Resulting from Delivery Errors   by Phillip Stone

 

Seven out of every 1,000 babies born in the United States are born with a birth injury. Birth injuries are usually the result of a mother's pre-existing health condition or illness, a complicated delivery, and sometimes, the negligence of a doctor, nurse, or hospital during delivery.
 
 
Some Common Types of Birth Injuries Common types of birth injuries include irritations of the skin, temporary paralysis, fractures, cerebral palsy, brain damage, epilepsy, and mental problems. Some babies become bruised during their journey through the birth canal as they come into contact with their mother's pelvic tissues and bones, requiring use of forceps or a vacuum extraction, and, consequently, leaving temporary marks or bruises on the baby's head and face. Temporary paralysis and fractures can also occur at the time of delivery.

Cerebral palsy is one of the more serious and long-lasting birth injuries. Cerebral palsy is a disorder where damage to the brain's motor areas impairs the ability to control movement and posture. Statistics show that one in every 2,000 infants has some form of cerebral palsy.

Birth Injury Lawsuit Details The laws of the state where your child was born determine the methods and procedures for filing a birth injury lawsuit. In general, a medical malpractice attorney will file your lawsuit against the doctor, hospital, and any other party who might be responsible for your child's birth injury. He will then notify the parties that you intend to file a lawsuit. In response, the health care providers named in the suit will then notify their medical malpractice insurers about the lawsuit.

Once these tasks are accomplished, the handling of the defense of the lawsuit is turned over to the medical malpractice insurer and the medical malpractice defense attorneys for the duration of the case. In most cases, a birth injury lawsuit will be settled long before it is scheduled to appear before a judge or jury in a court of law.


 

About the Author

Experienced birth injury attorneys are familiar with the ins and outs of medical malpractice law. If you are interested in pursuing a personal injury or wrongful death claim as a result of medical negligence, speak with a lawyer to find out if you have a case.

 

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