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• Birth injuries
• Birth defects
• Birth-related conditions
• Cerebral palsy
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Trust our experienced, aggressive attorneys to help you with any birth-related injury claim. You'll get fast, reliable support throughout your case.
According to statistics, 1 in every 33 children is born with some type of birth defect. Some are fatal and others create life-long complications. Some involve long-term medical care, surgery, testing, treatments, and life-long care. In some situations, negligence is the cause of these birth defects and injuries. If this is what's happened in your case, contact the aggressive attorneys at Mallon Personal Injury Law. Let us provide you with the support you need.
What qualifies as a birth defect?
Defects can be structural or functional conditions that manifest a physical defomity on the body. This includes a cleft lip or cleft palate, abnormal limbs, heart defects and even spinal deformations that can affect the nervous system, such as spina bifida. Functional birth defects include:
• Sensory problems, such as blindness, cataracts, and deafness
• Nervous system problems
• Brain problems, often causing developmental and cognitive functions resulting in autism, down syndrome, or fragile x syndrome
• Metabolic disorders, such as phenylketonuria and hypothyroidism
• Degenerative disorders: such as muscular dystrophy, Rett syndrome and lysosomal disorders
Who is responsible for a child's birth defects?
Often parents feel responsible for these birth defects. However, 60 percent of birth defects have no known cause. In some cases, it may be the result of negligence. If you suspect negligence, contact our attorneys today to discuss your case. Some causes include:
• Prescription drug mistakes, such as taking anti-depressants
• Physician negligence
• Hospital errors, such as the improper use of drugs like Cytotec or Pitocin, not monitoring the child, allowing the child to become oxygen-deprived, or other mistakes can lead to hypoxic ischemic encephalopathy (HIE), cerebral palsy, and intellectual and developmental disabilities.
• Hazardous work conditions: If a worker is subjected to hazardous working conditions while pregnant, an employer may be held accountable.
When birth defects occur, talk to an attorney. Let us help you to determine if negligence played a role.
What causes birth injuries?
A birth injury can cause lasting physical and mental complications to children. Birth injuries refer to any systemic damage suffered by the child or mother during delivery. Birth trauma refers specifically to mechanical or physical injuries, usually caused by a breech birth, which occurs in 1 out of every 25 full-term births, and can be dangerous if not handled properly. Factors that can cause birth injuries include the following:
• Excessive use of force during delivery, resulting in twisting or breaking a limb
• Misuse of instruments, such as vacuum and forceps, which damage the child's skull or body
• Respiratory distress/lack of oxygen, due to the umbilical cord wrapping around the child's lungs
• Exposure to bacteria during delivery due to poor sterilization
• Harmful medications, including the use of the wrong mixture of drugs before or during birthing, such as an epidural
• Lack of planning for a Cesarean section, resulting in the child's inability to breathe
Treatment for birth injuries
In many cases, when birth injuries occur, they can be treated. In other cases, they cannot. However, many involve extensive testing, medications, and treatment plans that are very expensive. This may include occupational and speech therapy, medications on an ongoing basis, surgery, or both temporary and long term treatment plans.
When you are faced with this type of complication, it's important to speak to an attorney about negligence. If negligence occurred, you may not be responsible for these costs. Let us help you to fight to have your losses covered.
What are common causes of cerebral palsy?
Another type of birth-related complication is cerebral palsy, a condition that results in abnormal brain development or damage to the brain. This often causes a person to have difficulty with muscle movement.
The cause of this condition varies. Medical causes, some of which are related to negligence, and non-medical causes can lead to these complications. Some risks include:
• Lack of oxygen during birth
• Rough handling of the child
• Improper use of birthing implements
• Inducing labor prior to the child being ready
If you suspect any of these instances have occurred, it is essential that you talk to our attorneys about your case. Don't settle with an insurance company until you do.
Are you entitled to compensation?
If your child has any type of birth injury or birth-related medical condition, it's important to discuss your case with your attorney. Even if your child is older and is just being diagnosed with a condition. Talk to us about the circumstances in your child's birth. Let us handle the investigation to determine if you are owed compensation due to negligence. If negligence did occur, you may be entitled to compensation for losses ranging from medical bills to life-long care of your child.