It is estimated that about 120,000 babies (1 in 33) in the United States are born each year with birth defects.
A birth defect is an abnormality in the structure, function or metabolism present at birth that results in the physical and mental disability or death of the child. Defects and injuries can often be a direct result of medical negligence associated with the care provided by the physician, nurse, midwife, nurse practitioner and other medical personnel. Such negligence can turn the most precious and valued moments in life into tragedies.
The tragedy of a child injured at birth has greater significance when the injury could have been prevented or occurred as a result of taking pharmaceutical drugs. When birth defects and other injuries occur because of negligence, malpractice insurance and liability laws are in place to help victims obtain compensation for the injuries.
In these situations, it is critical to obtain legal representation that has experience and knowledge in the areas of medical malpractice relating to birth injuries. David Dowling has handled such cases for over 25 years.
Two Common Types of Birth Defects
Brachial Plexus is a series of nerves running from the spine through the neck and armpit into the arm. Brachial Plexus nerves can be damaged during birth if a baby's head and neck are twisted and can result in permanent, partial or complete paralysis of the arm. This is also known as Erb's palsy. A Brachial Plexus injury can result from medical malpractice or negligence of the health care provider during the birthing process..
Cerebral palsy is a chronic condition affecting body movements and muscle coordination. It is caused by damage to one or more specific areas of the brain. Children with cerebral palsy can experience muscle tightness or spasms, involuntary movements, disturbance in their gait or mobility, abnormal sensation and perception, impairment of sight, hearing or speech, as well as seizures. It is a non-progressive disorder which means it does not worsen over time.
Cerebral palsy can be caused by medical errors committed before, during or immediately after the birth of a child. It may be caused by medical negligence resulting in a lack of oxygen to the brain, birth trauma, delivery mistakes or failure to treat infection.
There can be significant medical costs associated with these injuries. Therefore, it is important to retain a first-rate attorney to maximize the financial recovery when dealing with birth injuries such as cerebral palsy, Brachial Plexus injuries, as well as other injuries that can be caused during the birth process such as skull fractures, bleeding, spinal cord and brain injuries, as well as scarring.
Types of Birth Injuries
Some birth injuries happen as a result of negligence by the physician or other health care professional during labor and delivery. Birth injuries can result in significant developmental and physical impairments and, in the worst cases, death of a newborn. Under federal and Pennsylvania laws, the drug companies have a legal and ethical responsibility to manufacture and sell medications that are safe.
If you think that a birth defect occurred because of negligence, you should contact an attorney experienced in birth defect cases. You will discuss what happened, investigate your case and receive an honest evaluation of your claim. Call David B. Dowling, Esquire or Dean F. Piermattei, Esquire (1-888-660-1646) to schedule a free consultation and analysis of your case.
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