Terry Cochran

Birth Injury Occurs Far Too Often in Affluent America



Posted: Friday, December 19, 2008

by
Cochran, Foley & Associates, PC

For every 1,000 babies born every day at least 27 are victims of birth trauma. Birth injuries occur more often than most people believe and sometimes the injuries occur because of the negligence of doctors, nurses or the hospital. Mothers have a deep respect for the doctor and nurses who helped bring their baby into the world. Because of this a very sad and tragic result is that often the mother blames herself for the birth injury. She just cannot perceive the doctor might be negligent.

Most doctors, nurses and hospitals are excellent but when malpractice is involved in a birth injury the baby and parents must be adequately compensated. And beyond compensation, it is important that responsibility be appropriately assigned so the mother does not suffer needless emotional stress. Common birth injuries are cerebral palsy, temporary paralysis, brain damage, a fractured collar bone, seizure disorders, and specific disorders such as Erb's Palsy, Klumpke's Palsy, and Brachial Plexus Palsy.

Other common birth injuries include: bruising and forceps marks; damage to the iris of one or both eyes; swelling of the baby's scalp, usually because of vacuum extraction; bleeding within a bone; damage to the baby's facial nerves; fractured bones, often during breech delivery; brain injury, including seizure disorders and mental impairment.

Medical error does cause birth injuries or can increase their severity or permanence. Medical errors include: failing to anticipate birth complications, such as a twisted umbilical cord; failure to respond appropriately to bleeding; failure to respond to fetal distress; delay in ordering a cesarean section when medically necessary; misuse of forceps or a vacuum extractor during delivery; or poor care after the birth.

Birth trauma is an injury to the child during the delivery and a number of problems can occur during the birth of a child. If the doctor or nurse fails to respond quickly, the child can suffer permanent brain injury, Cerebral Palsy, nerve injury or even death.

With a thorough evaluation of your labor and delivery, our trained experts can pinpoint exactly when and if the birth or brain injury was due to negligence. Then our birth injury attorneys can move forward and come up with a settlement that is fair based on the extent of your child's injury and the emotional damage. Although we can't take away the pain that your child's birth injury caused, we can help relieve your financial burden.

Statutes of limitation limit the length of time you have to file a lawsuit. In the state of Michigan, depending on the nature of your case, the time limits may be from one to 15 years after the incident. Failure to file a lawsuit within that time period may result in justice forever being denied.

Anyone who believes their baby is a victim of birth trauma because of negligence should contact an attorney for a consultation.

About the author: Terry Cochran, senior partner in Cochran, Foley & Associates, P.C., a Michigan law firm specializing in personal liability, medical malpractice, and SSD/SSI appeals. Cochran does not represent insurance companies or corporations but instead bases his practice upon representing individuals and families. http://www.cochranfoley.com 800-322-5543.

Terry Cochran, senior partner in Cochran, Foley & Associates, P.C., a Michigan law firm specializing in personal liability, medical malpractice, and SSD/SSI appeals. Cochran does not represent insurance companies or corporations but instead bases his practice upon representing individuals and families. 800-322-5543, http://www.youtube.com/watch?v=jpFU0CZv4pM.

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