What are the Risks of Birth Injuries? And How to Determine Fault?
Updated on March 7, 2022 | by Alena Maxwell
Philadelphia is a major city in Pennsylvania and home to one of the largest populations in the US. In 2019, Philadelphia, PA, had 1.58 million people with a median age of 34.7.
With the population size growing at such a rapid rate, birth injuries are a severe concern for parents-to-be. While most babies are born without any problems, there is always the risk of something going wrong during labor. In some cases, birth injuries can result from negligence on the part of the hospital staff or doctor.
If you believe that your child was injured due to someone else’s negligence, you may be wondering what your next steps should be. A reputed Philadelphia medical malpractice lawyer, who has a thorough understanding of the laws surrounding birth injuries, can help you build your case.
The following article will discuss some of the most common risks associated with birth injuries and explain how to determine fault in such cases.
Risks Associated With Birth Injuries
1) Erb’s Palsy
Erb’s Palsy is a condition that affects the shoulder and arm. It can be caused due to pressure on the baby’s head during delivery. Babies suffering from Erb’s palsy can lose movement of their arms and shoulders, or they could experience pain. They may also need help with everyday activities, such as bathing and dressing.
You can gather evidence for birth injuries like Erb’s palsy by looking at your child’s medical records. Should you have reason to suspect that negligence played a role in your child’s injury, speak to a Philadelphia medical malpractice lawyer immediately.
2) Brachial Plexus Injuries
Brachial plexus injuries are similar to Erb’s palsy. They affect the nerves in your child’s shoulders and can cause difficulty moving their arms. This is often caused when pressure is exerted on the baby’s neck during delivery.
If you believe that your child’s brachial plexus injury was caused by negligence on the part of a doctor or hospital staff, speak to a Philadelphia medical malpractice lawyer. They can help gather evidence and build a case against the responsible party.
3) Cerebral Palsy
Cerebral palsy is a neurological condition resulting from brain damage during birth. It causes balance, muscle control, and movement in the baby’s arms or legs. Symptoms of cerebral palsy can vary from child to child. Some may have trouble walking, while others may experience seizures or intellectual disabilities.
If a kid has been diagnosed with cerebral palsy, it is essential to seek legal help. You may be able to file a lawsuit against the doctor or hospital staff responsible for your child’s injury. An attorney will help you get the compensation your child deserves, and ensure you have enough money to provide them with the necessary medical care throughout their lifetime.
How to Determine Fault in a Birth Injury Case
Determining fault in a birth injury case can be tricky. Many factors need to be considered as follows:
a) The Type of Injury
Not all birth injuries are the same. Some, like Erb’s palsy and brachial plexus injuries, can be caused by negligence from a doctor or hospital staff.
Cerebral palsy, however, is often due to an underlying medical condition that was not adequately treated during labor. It can be challenging to determine who is at fault in these cases.
b) The Timing of the Injury
Timing is also crucial in birth injury cases. If the injury occurred during labor or delivery, negligence was likely involved. However, if the injury happened after the child was born, it may be more difficult to determine fault.
c) The Severity of the Injury
The severity of the injury is also a factor in determining fault. If the injury was minor, proving that negligence was involved may be more difficult. However, if the injury is severe, negligence may have played a role in its causation.
Birth injuries can be devastating for both the child and their parents. Call a lawyer immediately if you believe that your child was injured due to negligence.