Medical Malpractice Responsible for Birth Injuries, Including Cerebral Palsy
September 18, 2012 By The Law Offices of Dr. Bruce Fagel
Two major types of birth injuries can occur as a result of medical malpractice, these include a traumatic brain injury and a lack of oxygen to the brain of the infant. If a birth injury is the result of medical malpractice, you may have a medical malpractice lawsuit. A birth injury or birth defect can be one of the most difficult and stressful situations a family may encounter.
The two major types of birth injuries that can occur include brain trauma and a lack of oxygen to the brain of the infant. Either of these types of injuries can result in permanent and severe injuries to the child. If these types of injuries occur because of the negligence of an obstetrician or other doctor, a nurse or other medical professional, or a doctor’s office or hospital, then the family may have a medical malpractice lawsuit.
A traumatic brain injury can occur if the obstetrician improperly uses the forceps or vacuum device when removing the baby from the birth canal during a difficult delivery, such as if the baby is too large to naturally exit the birth canal. In situations like this the obstetrician’s negligence may be cause for a medical malpractice claim.
The fetal heart rate monitor is a device that monitors the heart rate of the infant and the strength and duration of the contractions in the uterus of the mother. If the baby does not have a proper heart rate or the heart rate suddenly drops significantly, the fetal heart rate monitor can warn the medical staff of the problem. Sometimes the medical staff fails to pay attention to the warnings of the fetal heart rate monitor or to respond quickly enough with medical treatment. The doctor may have also been negligent in allowing a dangerous vaginal birth to proceed if a cesarean section was necessary instead.
Cerebral palsy is one of the most serious birth injuries that can happen to a baby. Cerebral palsy refers to a motor coordination problem because of an injury to the brain, which controls both voluntary movement and coordination. Cerebral palsy can range from mild to severe. Cerebral palsy may be caused by a lack of oxygen to the brain, a traumatic brain injury, delivery mistakes, premature delivery, and certain infections.
Kernicterus is a type of brain damage that occurs in a newborn with severe jaundice. Kernicterus occurs when a substance in the blood, bilirubin, builds up to excessively high levels or what is referred to as hyperbilirubinemia and spreads to the brain tissues. Permanent injuries resulting from kernicterus include hearing loss, deafness, movement difficulties, learning disabilities, developmental disabilities, and eye problems. Kernicterus can also lead to death.
Erbs palsy is a condition caused by injury to the brachial plexus, which is a group of nerves extending through the neck, armpit area and the arm. If the infant is unable to exit the birth canal naturally, the doctor may be required to use forceps or a vacuum device to help the baby maneuver through the birth canal. The doctor must be very careful when twisting and turning the baby’s head as this force can easy cause damage to the brachial plexus nerves which can result in paralysis to the hand, arm, or face on one side of the body. The doctor may also be negligent for not preparing in advance for a C-section if a cesarean section was required due to the size of the baby.
Intellectual disability or what may referred to as developmental delay, developmental disability or even mental retardation, are terms that applies to children who do not reach developmental milestones that most children achieve by a certain age and refer to impaired cognitive functioning. Each child will reach developmental milestones at a slightly different age; however, if a child is much slower at achieving these milestones than other children, or not achieving some of them at all, this is categorized as a developmental disability or intellectual disability. Intellectual disabilities can be caused by a variety of factors including medical malpractice.
If your child has experienced a birth injury because of medical malpractice, contact California medical malpractice lawyer Dr. Bruce Fagel, for a free consultation.
ABOUT THE AUTHOR: Dr. Bruce Fagel
Dr. Fagel is an attorney and physician who represents plaintiffs in medical malpractice cases against doctors and hospitals exclusively on behalf of injured patients. His practice focuses on complex medical malpractice cases resulting in catastrophic injuries caused by doctor or hospital negligence, such as birth or brain damage, induced hypertension, wrongful death, cerebral palsy, Erb's palsy, nursing home negligence, misdiagnosis of cancer and paraplegia cases.
Dr. Fagel graduated from the University Of Illinois Medical College Of Medicine, M.D., 1972. He earned his law degree at Whittier College School of Law, Los Angeles, CA, J.D., 1982.
Copyright The Law Offices of Dr. Bruce Fagel
More information about The Law Offices of Dr. Bruce Fagel
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A traumatic brain injury can occur if the obstetrician improperly uses the forceps or vacuum device when removing the baby from the birth canal during a difficult delivery, such as if the baby is too large to naturally exit the birth canal. In situations like this the obstetrician’s negligence may be cause for a medical malpractice claim.
The fetal heart rate monitor is a device that monitors the heart rate of the infant and the strength and duration of the contractions in the uterus of the mother. If the baby does not have a proper heart rate or the heart rate suddenly drops significantly, the fetal heart rate monitor can warn the medical staff of the problem. Sometimes the medical staff fails to pay attention to the warnings of the fetal heart rate monitor or to respond quickly enough with medical treatment. The doctor may have also been negligent in allowing a dangerous vaginal birth to proceed if a cesarean section was necessary instead.
Cerebral palsy is one of the most serious birth injuries that can happen to a baby. Cerebral palsy refers to a motor coordination problem because of an injury to the brain, which controls both voluntary movement and coordination. Cerebral palsy can range from mild to severe. Cerebral palsy may be caused by a lack of oxygen to the brain, a traumatic brain injury, delivery mistakes, premature delivery, and certain infections.
Kernicterus is a type of brain damage that occurs in a newborn with severe jaundice. Kernicterus occurs when a substance in the blood, bilirubin, builds up to excessively high levels or what is referred to as hyperbilirubinemia and spreads to the brain tissues. Permanent injuries resulting from kernicterus include hearing loss, deafness, movement difficulties, learning disabilities, developmental disabilities, and eye problems. Kernicterus can also lead to death.
Erbs palsy is a condition caused by injury to the brachial plexus, which is a group of nerves extending through the neck, armpit area and the arm. If the infant is unable to exit the birth canal naturally, the doctor may be required to use forceps or a vacuum device to help the baby maneuver through the birth canal. The doctor must be very careful when twisting and turning the baby’s head as this force can easy cause damage to the brachial plexus nerves which can result in paralysis to the hand, arm, or face on one side of the body. The doctor may also be negligent for not preparing in advance for a C-section if a cesarean section was required due to the size of the baby.
Intellectual disability or what may referred to as developmental delay, developmental disability or even mental retardation, are terms that applies to children who do not reach developmental milestones that most children achieve by a certain age and refer to impaired cognitive functioning. Each child will reach developmental milestones at a slightly different age; however, if a child is much slower at achieving these milestones than other children, or not achieving some of them at all, this is categorized as a developmental disability or intellectual disability. Intellectual disabilities can be caused by a variety of factors including medical malpractice.
If your child has experienced a birth injury because of medical malpractice, contact California medical malpractice lawyer Dr. Bruce Fagel, for a free consultation.
ABOUT THE AUTHOR: Dr. Bruce Fagel
Dr. Fagel is an attorney and physician who represents plaintiffs in medical malpractice cases against doctors and hospitals exclusively on behalf of injured patients. His practice focuses on complex medical malpractice cases resulting in catastrophic injuries caused by doctor or hospital negligence, such as birth or brain damage, induced hypertension, wrongful death, cerebral palsy, Erb's palsy, nursing home negligence, misdiagnosis of cancer and paraplegia cases.
Dr. Fagel graduated from the University Of Illinois Medical College Of Medicine, M.D., 1972. He earned his law degree at Whittier College School of Law, Los Angeles, CA, J.D., 1982.
Copyright The Law Offices of Dr. Bruce Fagel
More information about The Law Offices of Dr. Bruce Fagel
View all articles published by The Law Offices of Dr. Bruce Fagel
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
