Malpractice cases involving birth and brain injuries generally involve complex medical issues. Important issues that may be addressed in this type of law suit include the adequacy of the care that was rendered by the doctors and/or nurses during pregnancy, labor, and delivery. Many times these cases involve numerous experts or treating physicians who are called to testify in the areas of obstetrics, gynecology, pediatrics, neonatology, neurology, neurosurgery, pulmonology, cardiology, surgery, etc.

Early on, your lawyer may need to consult on a professional level with the appropriate medical specialists, understand the details in the mother and baby's medical records, and grasp the standards of care in order to recognize whether malpractice or negligence occurred. Once your lawsuit begins, your lawyer may need to conduct various depositions of medical experts and/or treaters regarding the medical facts in your case. As the case proceeds, there may be medical issues related to the cause and extent of the injury that your lawyer may need to argue during settlement negotiations and/or trial. Therefore, a reasonable question to ask is:

DOES THIS TYPE OF CASE CALL FOR A LAW FIRM WITH KNOWLEDGE AND EXPERIENCE IN BOTH LAW AND MEDICINE?

If you believe it does, and you or a loved one has a case involving a birth or brain injury, then click here for a free case evaluation by our staff of trained legal professionals.

WAS IT MALPRACTICE?

The following is a partial list of warning signs that the unborn baby may have been in distress and/or incurring oxygen deprivation to the brain:

If there were warning signs present, and the doctor or nurse negligently failed to realize that the fetus was in distress, or failed to react in a timely manner (such as by performing an emergency caesarian/c-section), then this may constitute medical malpractice regarding the birth or brain injury that subsequently occurred.

Cerebral Palsy

There are four types of cerebral palsy:

• Spastic
• Athetoid-Dyskinetic
• Ataxic
• Mixed

Generally speaking, Cerebral Palsy is a condition that arises when there is a lack of oxygen to the baby's brain during pregnancy, delivery, or soon after delivery. The deprivation of oxygen results in damage to the brain which destroys the pathways of coordination between the body and the brain. This can result in severe awkwardness, spastic movement, tightness, involuntary movement, mental retardation, and speech impairment. Not all cases of Cerebral Palsy involve malpractice as this disorder may also be the result of genetics or disease. Notwithstanding, the following is a list of some of the potential causes of Cerebral Palsy in a medical malpractice case:

(1) Complications during pregnancy that caused oxygen deprivation.

(2) Too long a labor causing oxygen deprivation.

(3) Respiratory obstruction during delivery causing oxygen deprivation.

(4) Excessive pain medication during delivery causing oxygen deprivation.

(5) Mechanical trauma causing oxygen deprivation.

If you or a loved one believe you have a case involving cerebral palsy that was caused by malpractice, then click here for a free case evaluation by our staff of trained legal professionals.

Erb's Palsy or Brachial Palsy

Sometimes during delivery of a large baby, the baby's shoulder has difficulty passing through the birth canal after the head has already been delivered. This results in a distension or stretching of the neck in an excessive manner which causes nerve damage. The nerves that are damaged are a cluster called the brachial plexus. These nerves run from the spine to the shoulder and control the mechanisms of movement of the hand, arm and shoulder.

When brachial nerve damage occurs because of excessive delivery forces, the result can be stretched nerves, ruptured nerves, or avulsion (where the nerves are pulled from the spinal chord). Rupture and avulsion require surgery later on to correct the nerve damage. Whereas stretching of the brachial plexus can correct itself without surgery in a few years. When the lower brachial plexus is damaged during delivery, the condition is referred to as Klumpke's Palsy. Klumpke's Palsy decreases the functionality of the wrist and the hand, whereas injuries to the upper brachial plexus (Erb's Palsy) affect the arm and the shoulder.

When malpractice occurs, it may be because the doctor negligently failed to recognize the signs indicating the presence of a large baby and/or failed to perform an ultrasound study on the fetus. Some of the signs suggestive of a large baby are an obese mother, excessive weight gain of the mother during pregnancy, a mother who delivered a previous baby that was large, or a mother with pregnancy diabetes.

Malpractice may occur when the doctor negligently fails to recognize a large baby and timely perform a C-section, or the doctor fails to use the proper delivery techniques such as applying supra-pubic pressure or the McRoberts maneuver.

If you or a loved one believe you have a case involving Erbs Palsy or Brachial Plexus Palsy that was caused by malpractice, then click here for a free case evaluation by our staff of trained legal professionals.