When a child is born, the parents have high hopes. They want a baby that is healthy, and ready to grow up over the years into a healthy adult. However, in some cases, a birth comes with tragedy. Birth injuries affect hundreds of babies and mothers each year. These injuries may cause severe damage to the baby and the mother, resulting in lifelong trauma or even death. If you or your child has suffered a preventable injury at birth, let our Riverside birth injury attorney at The JLF Firm help protect your rights.
What Are Some Examples of Birth Injuries to Infants?
Birth injuries cover a variety of examples, and can happen to both mothers and infants. Infants are most easily harmed with birth injuries. Some examples include:
- Subgaleal hemorrhage: Bleeding between the skull and the connective tissue, which may lead to shock, or require a transfusion.
- Fractures: May happen in the skull, collarbone, or the upper arm or leg.
- Hemorrhage in the brain: May cause seizures, stopping of breath, or brain damage. Treatments may include intensive care.
- Facial nerve damage: This may prevent normal facial expressions or speech.
- Brachial plexus damage: This may cause weakness or paralysis of the arms and hands.
- Phrenic nerve damage: This results in partial paralysis of the diaphragm, causing trouble in breathing. Respiratory assistance may be required.
One particular injury to the infant involves asphyxia. This may be caused by several factors, including inducing a premature birth, placental abruption (separation of the placenta from the uterus), poor positioning during the birth, or administration of certain medications or drugs. Asphyxia deprives the infant of oxygen, and may cause damage to several organs, including the brain, heart, lungs, kidneys, liver, and intestines.
This condition requires resuscitation and may require respiratory support, transfusions, and intensive care. Damage to some organs may last for the rest of the infant’s life, and in severe cases, death may result.
What Are Some Examples of Birth Injuries to Mothers?
Mothers too can be injured during birth. Several common injuries to mothers may include:
- Postpartum hemorrhage: This may happen for up to several weeks after the baby’s birth, and may result in a severe loss of blood.
- Uterine rupture: This often happens in mothers who have had a prior cesarean section. This requires urgent treatment, including a transfusion, and a hysterectomy may be required.
- Prolapsed uterus: This involves the uterus slipping out of its normal position down the vaginal canal.This may result in pain, trouble urinating, or constipation. In severe cases, surgery may be required, including hysterectomy.
Vaginal tears are a common injury from pregnancy. While some minor tears may be expected, severe tearing may damage the vulva, or even damage the anus. Some causes of severe tears include induced labor or assisted labor, such as labor involving a forceps or vacuum. If these tears are not properly treated, they may cause damage such as incontinence, pain and soreness, or a rectovaginal fistula.
Who May Be Liable for a Birth Injury?
In the event of a birth injury, the staff may be liable. If the injury is the result of negligence on the part of a member of the medical staff, the staff member or members would be liable, as well as the hospital.
How is Negligence Proven?
Negligence is proven when a professional who is required to provide care for an individual falls below the required standard of care for the profession. It must be proven by a direct link to the injury or injuries. Further, the injuries must cause unnecessary harm.
To prove negligence, it is urged that you consult with legal professionals to advise you in gathering the evidence you need, and helping present your case and advocate for your interests.
California law has a statute of limitations on medical malpractice. If an adult is injured, the time to file is within one year of discovery of the injuries, or three years from the injuries, whichever is earlier. For children under the age of six, the suit must be filed within three years, or prior to their eighth birthday, whichever is later. If an injury has occurred, it is important that any lawsuit be filed as soon as it is practical.
How Can Our Riverside Birth Injury Attorney Help?
Our skilled Riverside birth injury lawyer at The JLF Firm have extensive experience in injury cases involving all ages. Birth injuries are trying for both the injured and their families. We can help argue your case, gather the facts, and work to defend your rights. Contact us today to begin your case.