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Birth Injury

Philadelphia Birth Injury Lawyer

Welcoming a baby into the world is a joyous occasion. It is heartbreaking that some parents’ joy turns to horror when they learn their newborn has suffered an injury during birth. The legal team at Kane & Silverman understands how life-changing it is when you discover your newborn has been injured. A birth injury can affect you and your child’s financial and emotional future. You should be compensated to help with the inevitable high costs. If you find yourself in this difficult situation, a Philadelphia birth injury lawyer at Kane & Silverman can protect your family’s rights.

Some birth injuries occur when a medical professional acts negligently. Our birth injury attorneys will fight to hold wrongdoers accountable so we can reduce the risk of this happening to other families. When we hold medical professionals liable for their mistakes, others are encouraged to make safer choices in the future.

Prenatal and Childbirth Negligence

Prenatal and childbirth negligence by a medical professional can harm the mother and/or child. Negligent actions that may be committed by a medical professional include:

  • failure to diagnose a medical condition
  • failure to monitor fetus and respond to signs of fetal distress
  • failure to anticipate birth complications
  • failure to identify birth defects
  • failure to order a caesarean section when appropriate
  • medication errors
  • anesthesia errors
  • improper use of extractors or other birth-assisting tools
  • failure to prevent or treat umbilical cord strangulation

Prenatal or childbirth negligence can lead to serious consequences such as cerebral palsy, erb’s palsy, klumpke’s palsy and brain damage.

Types of Birth Injuries

Depending on the type of birth injury, it’s difficult to identify how much care will be required for your child. It is possible that your child will need a lifetime of constant care. Some birth injuries are a result of negligence by medical staff. But most of the time, birth injuries are caused by factors other than negligence. The following birth injuries may or may not result from negligence:

Oxygen Deprivation (Birth Asphyxia)

Birth asphyxia, or a lack of oxygen to the baby’s brain during birth, occurs in about four of every 1,000 full-term births. It has a potential to cause serious and permanent harm. Oxygen deprivation may lead to brain damage, developmental disabilities, attention deficit hyperactivity disorder, or impaired vision. The severity of the harm depends on how long the oxygen deprivation lasts. It’s crucial for medical staff to minimize damage by taking prompt action when they realize the baby is not breathing.

Brain Damage

There are some pregnancy issues that can result in brain damage, which can lead to a lifetime of hardships. Sometimes, brain damage is a direct result of malpractice or labor negligence. Brain damage can result from lack of oxygen to the brain, skull compression, hydrocephalus, ischemia, umbilical cord compression, and premature separation of the placenta from the uterus.

Brain injury to a newborn can lead to cerebral palsy. Therapy, lifetime care, special medical equipment, cognitive rehab, and family counseling may be required to care for a brain injury.

Shoulder Dystocia

Shoulder Dystocia occurs when the shoulders get stuck behind the mother’s pelvic bone after the head exits the vagina. It is dangerous to both the baby and the mother. Medical staff must take measures to get the baby out safely. In some cases, shoulder dystocia may cause damage to the brachial plexus nerves which surround the shoulder. To repair the brachial plexus, medical professionals may have to graft nerves or release tendons or muscles.

Brachial Plexus Injuries

Klumpke’s Palsy

Klumpke’s Palsy, also known as Klumpke’s paralysis, is a type of brachial plexus palsy that causes paralysis of the muscles of the hand and forearm. Klumpke’s Palsy results from injury to the lower nerve roots of the brachial plexus at the eighth cervical (C8) and first thoracic (T1). Some occurrences of Klumpke’s Palsy disappear on their own. Other occurrences require treatment such as physical therapy, medications or surgery.

Erb’s Palsy

Erb’s palsy is caused by an injury to the brachial plexus, specifically the C5 and C6 nerves. It results in paralysis of the arm. Erb’s palsy may disappear on its own in the months following birth. If Erb’s palsy does not resolve on its own, therapy or surgery may help.

Birth Injury Lawyers in Philadelphia, PA and Marlton, NJ

It can be confusing to know whether negligence was to blame for your child’s birth injury. If your child suffered an injury at birth, a Philadelphia birth injury lawyer at Kane & Silverman can help. We have offices in Philadelphia, Pennsylvania and Marlton, New Jersey where you can speak with our legal team. For a free consultation, call us at 215-232-1000 or fill out our contact form online.

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