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A. Birth injury is harm that befalls a fetus or newborn during the birthing process. In many cases, birth injury is the result of the negligent or careless behavior by an obstetrician, midwife, labor and delivery nurse, anesthesiologist or other medical professional who attends the birth. Many birth injuries occur because the fetus is distressed due to delayed delivery, complications caused by the labor-inducing drug pitocin or misuse of devices intended to help the baby through the birth canal.
A. Common birth injuries include cerebral palsy, which is caused by a lack of oxygen to the brain; Erb’s palsy, which occurs when the baby’s shoulder becomes trapped in the birth canal and the infant’s brachia plexus nerve is damaged in efforts to pull the baby out. Mothers may also suffer injuries during the birth process, including vaginal lacerations or rectal tearing, caused by the misuse of forceps.
A. Your claim may be settled, meaning there is no court process, but the insurance company and you agree on an amount. Often, however, the complicated nature of a medical malpractice claim means litigation is necessary. In order to “value” your claim, our attorneys work with a network of physicians and nurses in the areas of obstetrics, pediatrics and pediatric neurology, as well as life-planners and accountants, to determine an amount that takes into consideration not only your current expenses, but the expenses you are likely to have over the course of years, depending upon the severity of the injury.
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