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When an infant sustains a “birth injury” he or she may become impaired mentally or physically or even die. Although there are numerous causes of this condition, a birth injury due to delayed delivery is one of the most unfortunate and preventable.
Perinatal asphyxia refers to infant oxygen deprivation during labor and delivery. In some cases this can be circumvented by identifying high-risk situations during routine prenatal care. If for example, the baby is found to be in a breech presentation close to delivery, or placenta previa is detected, a Cesarean section should be scheduled.
It is the duty of a doctor to ensure the unborn baby is protected from this potential danger. Close monitoring of the baby’s condition and acting quickly, if necessary, is essential. When a doctor has failed to do this, and as a result, a baby suffers brain damage or dies, a medical malpractice suit may follow.
Once the mother has begun labor, other problems may arise as well. The umbilical cord may become compressed or wrapped around the baby’s neck; the size of the infant may be judged incorrectly and a baby, who should be delivered via C-section, is delivered vaginally; or for any reason the baby may show signs of distress and not be promptly delivered. In each of these instances the healthcare provider may be held liable for resultant damage.
About 10,000 babies are born each year with cerebral palsy, a disorder that results from damage to the cerebrum, caused by oxygen deprivation. Other birth defects which may result due to delivery being prolonged include, various types of palsies, such as Erbs, and Klumpke’s, spinal cord trauma, cephalohematoma and Torticollis, to name a few.
Parents who believe their child has endured injuries due to negligence, may have grounds for a medical malpractice case. Promptly consulting an attorney experienced with this type of lawsuit is advisable. Although nothing will restore the child’s health, the court may award reimbursement to the parents for expenses resulting from the disability
Franklin Law Group, PSC
505 West Ormsby Avenue
Louisville, Kentucky 40203