Birth Injuries FAQs
Q: My child suffers from Cerebral Palsy. He was diagnosed shortly after being born. My baby monitor went unchecked for hours during labor. Could medical malpractice have caused my child’s injury?
A: Not all cases of Cerebral Palsy are caused by medical malpractice. However, if you were neglected during labor and nurses, doctors or other healthcare providers failed to adequately monitor for signs of fetal distress, negligence may have played a role. Contact an attorney who can evaluate your situation and determine whether you may have grounds for a medical malpractice claim.
Q: My one-year-old baby has limited mobility in his arm or shoulder. Our pediatrician says it looks like a case of Erb’s Palsy. Is it too late to go back and review his delivery medical records to see if medical malpractice is the cause?
A: Medical malpractice, like most personal injury claims, is governed by a statute of limitations, and time is of the essence for these claims. Please contact an attorney right away to discuss your options and review your child’s injury to evaluate whether you have a viable claim.
Q: My child has difficulty holding on to objects, like a toy, cup or spoon. I’ve done some research but can’t understand whether my child is suffering from a brachial plexus injury, Erb’s Palsy or Klumpke’s Palsy. What’s the difference between them?
A: Both Erb’s Palsy and Klumpke’s Palsy are types of brachial plexus injuries. The brachial plexus is an arrangement of nerve fibers running from the spine through the neck, the armpit and into the arm. Erb’s Palsy described as “upper roots of the brachial plexus” involves damage to the upper plexus, or the area around the arm and shoulder, while Klumpke’s Palsy described as the “lower roots of the brachial plexus” involves damage to the lower plexus, or the area around the hand and wrist.
Q: My son needed expensive therapy to treat his brachial plexus injuries. Would a medical malpractice claim help reimburse me for that cost?
A: If your son’s injuries were caused by medical negligence, then it’s possible you may be eligible to file a claim for damages, including medical bills and other expenses you’ve incurred. However, you must be able to prove that your doctor or other medical personnel were responsible for the injuries, and thus liable for negligence. You should consult an experienced medical malpractice attorney familiar with birth injury claims for a more thorough evaluation of your case.
Q: When I delivered my baby, shoulder dystocia caused serious injuries. Now, she cannot move her arm properly. Can I sue the hospital?
A: In many medical malpractice cases, legal actions may be filed against the doctor and the hospital where he or she practiced. Whether you have legal grounds for a suit depends on many factors, including whether your doctor should have anticipated shoulder dystocia prior to delivery and whether your doctor failed to anticipate the action needed to address this situation. Not all instances of shoulder dystocia can be predicted. So, it’s important to note whether your doctor failed to pay attention to certain risk factors during pregnancy and labor or wasn’t properly trained to follow shoulder dystocia procedures. You should contact a medical malpractice attorney with experience in birth injury cases to discuss whether you have a claim against the hospital or the doctor.
Q: During labor, the nursing staff failed to alert my doctor when my baby was in distress. He was born with Cerebral Palsy. I want to file a medical malpractice claim against the nurses. What can I do?
A: If you can establish that your son’s Cerebral Palsy was, in fact, caused by negligence on the part of any hospital medical staff, you may be able to file a claim against the institution. You should speak with a medical malpractice attorney experienced in birth injury cases for further advice relevant to your situation.
Q: During labor and delivery, my wife experienced difficulties and needed anesthetic medication. She went into respiratory distress and a brief coma. As a result, my wife suffered severe brain damage, and my child has Cerebral Palsy. Who can we hold accountable?
A: Brain damage can be caused by the lack of oxygen flow during a procedure and can be the result of an anesthesia error. A lack of oxygen for the mother can lead to injuries to the child, causing conditions that include Cerebral Palsy. The anesthesiologist could be held liable in a medical malpractice lawsuit if you can establish that he or she failed to determine your wife’s risk to allergic reactions or to properly monitor your wife’s anesthesia levels during the procedure. The hospital could also face liability if the injury was caused in some way by the delivery room’s set-up or supplies. You should speak with a medical malpractice attorney experienced in birth injury cases, particularly those involving anesthesia error, for further advice relevant to your situation.
Q: Because my wife’s labor was prolonged, an anesthesiologist gave her an epidural block. After our baby was born, he experienced a high fever and went into seizures. He was eventually diagnosed with meningitis from an infection. What can we do?
A: Meningitis is an inflammation in the brain and spinal cord that causes the brain to swell, leading to permanent brain damage. It can be caused by an infection resulting from bacteria entering spinal fluid during an epidural. A hospital and anesthesiologist could face liability for failure to maintain a sterile environment during the epidural procedure. You should consult an experienced medical malpractice attorney familiar with birth injury claims for a more thorough evaluation of your case.
Q: Prior to my delivery, we knew my child would weigh more than normal. During delivery, there were complications that resulted in my child being born with Cerebral Palsy. Could a medical malpractice lawsuit offer us any relief?
A: According to medical standards, children of excessive weight pose greater than normal risks during a delivery and often a Caesarean section, or C-section, becomes the best option for delivery. However, a doctor may misjudge or miscalculate the weight of the child, exposing both mother and child to risk of injury during a vaginal delivery. A medical malpractice lawsuit could seek recovery for medical expenses, pain and suffering and reduced earning capacities the child may have as a result of a doctor or medical staff’s negligence. You should consult an experienced medical malpractice attorney familiar with birth injury claims for a more thorough evaluation of your case.
Q: Soon after I gave birth to a healthy baby, I began to experience pain and irritation. When I returned for a postpartum visit several days later, a nurse discovered a sponge that had been left in me after birth, causing an infection. Do I have grounds for a medical malpractice lawsuit?
A: Nearly 20 percent of patients experience an adverse event within three weeks of discharge, and nearly three-quarters of those could have been prevented, studies show. A doctor, staff or hospital could be held liable for negligent conduct — including the failure to remove sponges or other medical devices. You should speak with a medical malpractice attorney experienced in birth injury cases for more advice about your situation.
Q: My child was born via a C-section delivery two years ago. Recently, a doctor told me that scar tissue had formed with endometriosis, which will require an expensive surgery. Could a medical malpractice lawsuit cover the costs of this procedure?
A: Endometriosis can be a serious gynecological condition, possibly leading to infertility, and treatment is essential. If a causal link could be established, a lawsuit could include future medical costs. There are strict time limits for filing medical malpractice actions, so it is important to contact an attorney right away to discuss your options and review your injury to evaluate whether you have a case.
