The Kipness Law Firm, P.C


Q: What are the main types of birth injury cases?

A: Common types of birth injury cases include:

Q: What is shoulder dystocia?

A: It is a type of birth injury that leaves the baby with movement problems with his or her arm or shoulder.  This birth injury occurs when the baby gets stuck in the birth canal and the doctor makes incorrect maneuvers or uses too much force to remove the baby.  This birth injury can cause a brachial plexus injury, which is nerve damage to the baby’s arm and shoulder.  

Q: How can a shoulder dystocia injury be avoided?

This birth injury may be avoided by a c-section and proper pre-natal care to monitor the size of fetus and the size of the mother’s birth canal and pelvis. Shoulder dystocia occurs in about 5000 births per year.

Q: What is cerebral palsy and what can cause this condition?

A: During birth, your child must continually received oxygen in blood via the umbilical cord.  If the umbilical becomes wrapped around your child, he will receive less or possible no oxygen to his brain, brain cells will die and cerebral palsy may be the resulting medical condition.

Q: How can cerebral palsy be avoided during birth?

Doctors and nurses have techniques available to ensure your baby receives oxygen to his brain during birth, including: restoration of oxygen flow to the baby’s brain if detection of fetal distress, performing an emergency c-section.  Failure to recognize these problems by a doctor or nurse will increase the fetal distress, deprive the baby of oxygen and cause the baby to have a brain injury such as cerebral palsy.

Q: If my child was diagnosed with cerebral palsy, how do I determine its cause?

A: It is necessary to retain medical experts to determine if your child suffered asphyxia (oxygen loss) during labor or delivery and whether the doctor should have recognize your child experienced asphyxia.  You have right to ask the doctor about asphyxia causing the cerebral palsy.  If the doctor will not answer your questions, you should contact a birth injury attorney so the medical records can be reviewed and your questions can be answered.

Q: Are babies born preterm at greater risk for health problems?

A: Possibly.  About 1 of 8 babies born before 37 weeks of pregnancy may have a greater risk for health problems, including cerebral palsy.

Q: Can trauma from child birth cerebral palsy and other brain injuries?

A: Yes if there was trauma during the delivery and your child suffered from lack of oxygen to his her brain.

Q: What should I do if I believe my child’s birth injury was caused by a doctor or hospital?

A: You should contact a birth injury attorney who can assist you in gathering all necessary medical records and help you determine if your child’s birth injury was caused by medical malpractice.

Q: What is necessary to show a doctor, nurse, or hospital was negligence and caused my child’s birth injuries?

A: Through expert medical testimony, one must show the doctor, nurse, or hospital medical care to your child fell below the standard of medical care of a reasonable and prudent doctors, nurse or hospital and that the falling below of the standard of care caused your child’s birth injuries.  The mere presence of a birth injury does not automatically entitle someone to recover compensation for a birth injury.

Q: What type of compensation can I recover for my baby’s birth injury?

A: For your child, you can recover your medical bills, future medical care expenses, future loss of earning capacity damages, and compensation for pain, mental anguish, disfigurement, and impairment.  Some of the damages may be placed in trust for the benefit of the baby.

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