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Welcome to the Birth Injuries
webpage of The Law Offices of Scott C. Gottlieb & Associates, LLP.
Our office works with economic and medical experts to help prepare your case. We
will also help you decide whether it is more prudent to fight or to settle a
case in order to obtain the maximum awards. We Will Fight For You!
During labor and delivery, medical complications can result in birth injuries.
Cerebral palsy and Erbs palsy are the most common cases we handle. Doctors and
health care professionals must exercise the utmost care to avoid injury to
babies during the especially vulnerable times of labor induction, Cesarean
section, and mechanically assisted (forceps) births. Babies who experience
severe oxygen deprivation to the brain, or head trauma, during these delicate
obstetrical procedures often die or face lifelong disabilities. Approximately
10,000 babies each year develop Cerebral palsy (a condition which impacts the
ability to control movement) as a result of oxygen deprivation. Oxygen shortage
also causes hypoxic-ischemic cephalopathy brain damage. Other types of traumatic
obstetric birth injuries include prenatal asphyxia, Erbs Palsy or Brachial
Plexus Palsy, Klumpke's Palsy, Torticollis, and Shoulder Dystocia. Fractures,
spinal cord trauma, cephalohematoma and intracranial hemorrhage may be the
result of preventable obstetrical damage. Common errors for which medical
providers may be held responsible are as follows:
- Difficult or prolonged labor
(often due to a large baby);
- Failing to detect the
umbilical cord wrapped around a baby's neck;
- Unreasonable delay in
performing an emergency Cesarean section;
- Failure to test and treat
conditions during pregnancy, or misdiagnosis
- Failing to recognize negative
fetal signs
Approximately 27 of every 1,000
births in the United States results in a birth injury. A "birth
injury" is defined as any type of damage to an infant's body before, during
or just after birth. The March of Dimes cites 60 percent of birth defects as due
to unknown causes; however, thousands of developmental defects and fetal deaths
are attributable to an expectant mother's exposure to toxic substances. Studies
have shown that women living within two miles of a landfill have an increased
chance of giving birth to a baby with spina bifida, a hole in the heart, or
other defects. Pregnant women exposed to high levels of pollutants have almost
three times the risk of delivering an infant with a cardiac problem.
Polychlorinated biphenyls (PCBs) are well documented hazards to pregnant women
and may inhibit a child's intellectual ability, short and long-term memory and
attention span. Microcephaly (an abnormally small head circumference) is caused
by detrimental in utero factors such as pharmaceutical drugs, radiation, or a
mother's prenatal infection of rubella (German measles).
Heavy metals (gold, lead, mercury), cleaning solutions, paint, caffeine,
radiation and drugs and alcohol are also culprits in causing birth defects.
Manufacturers who fail to inform (via labeling) pregnant women of the risk can
be held responsible for the birth defects caused by their products.
There are many "natural" circumstances wherein oxygen deprivation can
occur during the labor and delivery process: the umbilical cord can become
compressed or twisted in the birth process; the baby is too large to pass
through the birth canal easily, or the baby is breach or sideways in the womb.
There are also many circumstances where brain damage or brain injuries are
caused by mistakes made by doctors, hospitals or other medical professionals
during the delivery process: a delay in performing a necessary C-section
delivery, complication with a VBAC (vaginal birth after C-section) delivery -
such as uterine rupture, use of excessive force during the delivery, or a
miscalculation in the size of the baby, causing a traumatic delivery.
An experienced birth injury lawyer should be consulted if your infant has
suffered a birth trauma and you suspect those injuries were caused by medical
negligence. The attorney should be consulted immediately after birth, even if
the extent of the injuries and damages are not yet known. Unfortunately, doctors
and hospitals will almost never admit fault or offer to pay reasonable damages
to cover even the likely economic loss from an injury. Appropriate discovery is
essential to knowing whether there is a case, and to knowing what the likely
costs will be that are associated with any permanent injury.
Experience Counts. Our overall goal is to establish our office as the best
office to hire if you want compensation for your case. We base this on our
experience and past results. Our philosophy is to provide quality legal services while treating each
client with care and respect. We also provide assistance with other legal
problems that arise during the pendency of your case. If you feel that you or a
loved one has suffered due to birth injuries, call us at 1-800-TALK-LAW
(1-800-825-5529) or contact us via our online contact
form. All calls and inquiries are responded to the same day, usually within
one hour. There is no case-review cost.
<< Back to Our Practice Areas
Birth Injuries
Frequently Asked Questions (FAQs)
Free Birth Injuries
Case Evaluation
Personal Injury
Glossary
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