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Birth Injury: How a Birth Injury Attorney Can Help

The joy of having a child can quickly be tainted with tragedy when birth injury or birth trauma occurs. A child can die from a birth injury, or become permanently disabled and require life-long care. The physical, emotional, and financial hardships endured by the parents, siblings, grandparents, and other loved ones of a child injured at birth can be overwhelming and devastating.

What Are Common Causes of Birth Injury and Birth Trauma?

Obstetrical care providers have a responsibility to anticipate potential problems that are reasonably foreseeable under the circumstances, and where indicated, to intervene during labor and delivery in a timely manner so as to prevent harm. Negligence, which is the failure to act in accordance with the standard of care, is at the heart of birth injury. Common causes of birth injury and birth trauma include:

  • Miscalculation of the size of the fetus
  • Pre- or post-mature delivery due to improper dating
  • Infections and medical problems in the mother
  • Infections and medical problems in the fetus
  • Rh incompatibility
  • Administration of improper medications during pregnancy and/or delivery
  • Failure to monitor fetus and respond to fetal distress
  • Abnormal presentation, including shoulder dystocia
  • Failure to perform a timely c-section
  • Improper use of delivery instruments
  • Failure to give oxygen to newborns when needed (hypoxia birth injury)

What To Do If You Encounter Birth Injury Malpractice

If you suspect that your child may have suffered a birth injury or birth trauma, get medical attention for your child right away. Timely and proper treatment will increase the odds that your child will live with as little damage as possible under the circumstances.

Many children will nevertheless require a lifetime of costly medical care. Many will have to be followed by numerous pediatric specialists and will need ongoing physical and occupational therapy. Sometimes, at-home care is too much for caring parents to provide and placement in a specialized institution is the only realistic option.

Your child should be able to benefit from the most advanced treatment available to increase his or her quality of life. There is often a big difference between the ideal, most advanced treatment and the treatment and services covered by private medical insurance and programs like Medicaid. If your child has suffered a preventable birth injury, the compensation you could receive from a birth injury lawsuit might be the only way to provide the services and care your child needs to maximize his or her recovery.

Birth injury attorneys Michael L. Weiss,Esq. and Robert E. Paarz, Esq. have presented over 65 birth injury cases and assisted many families in birth injury lawsuit settlementsto lessen or eliminate the financial burden caused by birth injuries.

More Information on Birth Injury and Medical Malpractice

  • Cerebral Palsy
  • Erb’s Palsy/Brachial Plexus Injuries
  • Group B Strep / Meningitis
  • Kernicterus

*The firm handles cases in New Jersey and Pennsylvania. For cases outside those states, Weiss & Paarz works with local attorneys in the state where the medical care took place, at no additional cost to the client.


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