Although rates of birth trauma and birth injury are relatively low in the United States when compared with rates around the world, they still occur and may be prosecuted as medical malpractice. While the term “birth trauma” often refers to subcutaneous hemorrhaging brought on by the pressure of birth, the term “birth injury” is much more serious. What many parents may not know is that cerebral palsy, in particular, can be brought on my brain injuries sustained during the process of birth.
Cerebral palsy is a permanent disorder that results from damage to the parts of the brain that govern walking, swallowing, and speaking. People with cerebral palsy may have permanent damage to their logical faculties, and about one-third of all people with the condition have seizures into adulthood. Although early childhood head injury can cause cerebral palsy, maternal exposure to certain toxins during pregnancy or a difficult birth can also cause permanent loss of function.
Wondering how to identify medical malpractice? Parents may be unsure about what to do when a birth injury occurs, and they may not know they have a valid case. Doctors may inform parents that their child sustained a birth injury from negligent care several years after the injury occurs. A malpractice lawyer may be able to help potential clients determine whether they have a valid case for medical malpractice.
Birth injury may be described in a patient’s medical records, or a physical exam may reveal the effects of medical negligence. If parents are not sure about what to do when a birth injury occurs, they may want to pursue a diagnosis of birth injury from a medical specialist. The average award in medical malpractice lawsuits is more than $300,000, and parents of children with cerebral palsy may face medical bills that are not covered by their insurance.
A birth injury health care specialist or a medical malpractice lawyer may be able to best advise parents what to do when a birth injury occurs. Although worldwide birth injury statistics reveal that birth injury rates in America than in other countries, that fact that it occurs at all from medical malpractice and neglect is shocking. Parents of children with cerebral palsy may not realize that their child has a birth injury, but consulting with experts may allow them to pursue legal action against the doctor or health care professional who acted in a neglectful manner.