The arrival of a new baby is a joyous occasion and fortunately most children are born without undue complication. In fact, with advances in medical procedures and equipment, doctors can successfully deliver babies whose lives may have been in great danger during the birth process a century ago. Yet, even in the best of labor and delivery conditions, unexpected difficulties or medical errors can occur.

When the baby sustains serious physical injury during the birth process, it is referred to as birth trauma or birth injury.

While factors such as premature birth, prolonged labor, a ''breech'' (legs first) delivery or the doctor’s use of forceps, or the small size of the mother’s pelvis may cause minor bruising, swelling or marks from the forceps, there is no basis for negligence or medical error. The injury is not serious and the baby heals quickly.

A wide variety of circumstances can arise during the birth process, and injury may result from any number of obstetrician, nurse or pharmacist errors. Examples include:

• Incorrect assessment of an infant’s health in the womb
• Adverse effects of prescription drugs taken during pregnancy
• Use of improper medical technique during delivery
• Improper use of a medical device such as forceps or a vacuum
• Failure to correctly recognize or respond to disorders such as hypertension
• Failure perform a necessary caesarian section

Among the most serious birth injuries are those resulting in permanent damage if nerves are torn during the birth process, including:

Cerebral palsy - Trauma to the brain during birth causes this disorder. Symptoms include the loss of movement or other nerve functions. The condition does not worsen or improve over time, and the type of damage to the baby’s brain determines the palsy’s severity.

Brachial plexus injury – Also referred to as Erb’s Palsy, this injury results in paralysis or weakness of the arm when nerves around the shoulder are stretched during birth.

Shoulder dystocia – Occurs during birth when the baby’s head has been delivered but the shoulders are stuck.

Facial paralysis - Pressure on the facial nerves or from the use of forceps during birth may cause facial paralysis, which may result in temporary or permanent paralysis.

Retinopathy of prematurity – A disorder of the blood vessels in the retina that occurs in some premature babies.

If your baby has suffered serious injury during birth, a personal injury lawyer with particular expertise in birth injury lawsuits is critical for a number of reasons. Birth injury lawsuits are complex because they usually include a medical malpractice claim. Assessing damages is a complicated process, requiring your lawyer to work with a team of experts to calculate the dollar amount required for you or someone else to care for a disabled child, the cost for therapy, rehabilitative services or equipment needed to raise a child with disabilities.

It is also important to consult a knowledgeable personal injury lawyer as soon as possible because there are time limits for filing claims for recovery of damages.

With broad based experience in birth injury, medical malpractice and personal injury cases, the attorneys at Bailey & Galyen help our clients recover substantial sums for birth injuries. We fully understand the emotional distress and medical expenses you face when your baby is injured at birth.

Our attorneys stand ready to apply our skills, knowledge and resources on your behalf, and will do everything we can to secure the maximum compensation allowable under the law.

When you need trusted legal advice and expertise regarding a birth injury, please call our law firm at 800-529-8008 to arrange a no cost, no-obligation consultation. Or you may click here to contact us. We are available 24 hours a day. Se habla Español.

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