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Birth Injury Law
What is Birth Injury Law? This is a subset of medical malpractice law and includes personal injury cases stemming from a failure to adequately respond to the following circumstances: maternal or fetal bleeding; fetal distress or anoxia (lack of oxygen); umbilical cord complications; the need for a cesarean section; infections; the anticipation of a large baby and related complications; and other maternal health complications. Injury can also result from incompetent or improper use of forceps or a vacuum extractor.
Negligent prenatal care can also result in harm to the baby and/or mother. This can include the failure to diagnose the mother’s medical condition; failure to identify birth defects; failure to identify an ectopic pregnancy; or failure to diagnose a disease that could be contagious to the baby.
Birth injury cases are generally classified by two types: brain injury, or anoxic brain injury, where the physician or the medical staff failed to properly monitor the birth process with fetal monitoring and the failure to order a caesarean section in a timely fashion; and dystocia, which is caused by the failure to properly help the baby down the vaginal canal during a vaginal delivery and can result in various types of palsy and other complications.
Birth injury lawsuits seek to provide the families of the injured baby with financial compensation for the child’s injury.
To consult State legislation for filing a personal injury claim please see our Personal Injury Statute of Limitations page.
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Birth Injury Law - US
- ABA - Cerebral Palsy, Erb’s Palsy and Birth Injury Blog
This blawg describes medical procedures and treatments relevant to birth injury litigation and highlights recent birth injury verdicts.
- Birth Brain Injury - Cause and Cure
The objective of this web site is to prevent neonatal cerebral palsy (CP) and to eliminate brain injury litigation from obstetrical practice.
- Birth-Related Neurological Injury Compensation Program
Welcome to the website of one of the most innovative programs in the United States. Designed to assure access to obstetrical services for all residents of the Commonwealth, the Virginia Birth-Related Neurological Injury Compensation Program also has distinguished itself by assuring superior care for admitted children.
- Cerebral Palsy Information
Cerebral palsy is a group of disorders that hinder control of movement. It is caused by an injury to the brain during pregnancy, around the time of birth, or shortly after birth. This brain damage may be caused by several factors depending on the type, the onset, and the health history of mother and child. Cerebral palsy is either congenital (present at birth) or acquired after birth.
- Medical Malpractice and Childbirth
Childbirth is a very risky medical procedure. The risk of a poor outcome for mother or child is high relative to many other medical procedures. Poor outcomes that can result from childbirth include fetal death, stillbirth, maternal death, birth injury, birth defects, brain damage (e.g. cerebral palsy), neonatal infection, maternal infections, and numerous other issues. Not surprisingly, the rate of medical malpractice involving childbirth and birth injury is higher than many other medical areas.
Articles on HG.org Related to Birth Injury Law
- Doctor Proposes Information Tech to Reduce Prescription ErrorsA study found that drug-related errors accounted for about a quarter of all preventable patient injuries. The study estimated that between 10 percent and 15 percent of prescriptions contain errors. Many people think medical malpractice consists mainly of sensational cases, like accidentally leaving medical instruments inside a surgery patient. The reality is that medical malpractice often takes a more mundane but equally dangerous form: illegible handwriting on drug prescriptions.
- Medical Negligence and Medical Malpractice Problems in the United StatesMedical negligence is defined as the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care. Medical malpractice is negligence whereby a medical professional did not take the proper action required in a reasonable amount of time and this negligence caused injuries to the patient.
- Compensation for Vaginal MeshCompensation for Women Injured from Vaginal Mesh - The first federal trials against vaginal mesh manufacturers are set to begin in early 2013. If you have been injured by one these dangerous products it is NOT too late to act. Many women are initially on the fence when they start to contemplate whether they wish to seek recovery against a large medical device manufacturer like Bard or Johnson & Johnson.
- Medical Malpractice InjuriesMedical malpractice is a growing problem in the U.S. If you were injured because of a doctor or nurse error, there are probably many questions that need answers. Please continue reading to learn about the types of injuries that can be sustained by medical malpractice. Studies show that nearly 200,000 people are killed because of medical malpractice every year.
- Medical Malpractice in Personal Injury CasesVictims of injuries and wrongful deaths resulting from negligent or, sometimes even malicious behavior for doctors and/or other medical professionals, in general, tend to just quietly accept whatever settlement these medical professionals, and the insurance company, offer them.
- Medical Malpractice Including Surgical Errors and Surgery Mistakes in Hospitals and Doctors OfficesEvery year approximately 225,000 people in the United States die from medical malpractice, making it the third leading cause of death after heart attacks and cancer. Many people are seriously injured or die each year from not only major operations but elective surgeries such as cosmetic surgery and bariatric surgery. Surgical errors and surgical malpractice is a terrifying prospect for any patient to experience.
- A Birth Injury from Medical MalpracticeA birth injury is one of the most heart-breaking situations a family can experience. A Birth injury can devastate a family and have a permanent impact on the lives of everyone involved. One of the most devastating events that can happen to a mother and family is experiencing a birth injury with a newborn baby.
- Hospital-Acquired Infections Increase Mortality Rate for Elderly ICU PatientsSenior citizens, who are admitted into a hospital intensive care unit and suffer from a hospital-acquired infection, have their risk of death increase by 4 times compared to those seniors who do not have any infection.
- Cerebral Palsy and How Medical Malpractice May be ResponsibleCerebral palsy refers to a group of neurological disorders that affect muscle coordination and body movement. Cerebral palsy occurs from a lack of oxygen to the brain of the infant during labor or after delivery. It can also occur from premature delivery, infection, and head trauma. Approximately 70% of children who have cerebral palsy developed it due to an event before birth that interfered with normal brain development.
- Doctors Claim They Suffer Increased Stress from Worrying about Malpractice LawsuitsDespite all of the years of education and specialized training, reports show that 225,000 people die in the United States every year from negligence on the part of medical professionals. This number is relatively small compared to the even larger number of people who are injured or permanently disabled because of errors on the part of medical professionals.
- All Tort and Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
