FAQs

Has my child been affected by a birth injury or a birth defect?
Birth injuries are injuries that occur just before, during or after the delivery process. In contrast, birth defects are caused by abnormal genetics, or by harm to the baby during the pregnancy due to the mother having taken a drug or substance with dangerous side effects.

How common are birth injuries in the U.S.?
Some studies have shown that 27 out of every 1,000 babies have some type of birth injury. 5 out of every 1,000 babies are seriously injured during birth.

What are some of the most common birth injuries?
Cerebral Palsy, Klumpke’s Palsy, Erb’s Palsy and perinatal asphyxia. Check out our Birth Injuries section for more information on the most common types of injuries.

Other common injuries include:

• Fractures or breaks of the clavicle, collar bone, and other bones
• Lacerations and bruising caused forceps
• Facial paralysis caused by too much pressure on the skull
• Paralysis of the shoulders and/or arms (brachial plexus palsy)
• Caput succedaneum, or the swelling and/or bruising of a newborn's head
• Cephalohematoma, or internal bleeding within the head

Was my child’s birth injury the result of negligence?
This is not necessarily true, some injuries are unavoidable. An example of a birth injury that may not be due to medical negligence could be a mother going into pre-mature labor and not getting to the hospital before the baby is subjected to prenatal asphyxia.

Which party is usually held liable in a birth injury lawsuit?
The majority of the time, the health care provider is held liable. However, in some instances, other parties may be liable such as the manufacturer of a dangerous drug taken during the pregnancy.

How are Birth Injuries caused?
Birth injuries are caused during pregnancy, labor, or delivery, often due to the negligence of a doctor or medical professional. When professionals are entrusted with the delivery of a baby and they act in a way that jeopardizes their patient's health and safety, they may be held responsible for any injuries that result.

What are the symptoms of Cerebral Palsy?
Some of the most common signs cerebral palsy include poor muscle definition, poor coordination, difficulty concentrating, loss of interest in surroundings, and abnormal reflexes. These symptoms can be seen in infants as young as one month of age. In older children, the inability to perform common motor skills such as sitting or walking may indicate a potential cerebral palsy case.

Why is it important to have powerful legal representation in a Birth Injury case?
Powerful legal representation is essential in any personal injury case to ensure that you receive the maximum compensation possible. In the event of a birth injury, it is important to have an attorney that is thoroughly familiar with the legal issues involved and who is aggressive in their approach. Don't hesitate to contact an Orlando birth injury attorney today.

What are the different variations of cerebral palsy?
The three main types of cerebral palsy include:

• Spastic cerebral palsy
• Athetoid cerebral palsy
• Ataxic cerebral palsy

In some cases an child may have symptoms of more than one category, which is called mixed cerebral palsy.

What are the common types of treatment for cerebral palsy?
Cerebral palsy treatment greatly depends on the type and pattern of the condition that exists in a given individual. It is important to recognize that, because cerebral palsy cannot be cured, the goal of treatment is to help patients function at the highest level possible. To achieve this goal, there are a quite a few different therapy approaches, including:

• Physical Therapy
• Speech and Language Therapy
• Drug Therapy
• Occupational Therapy
• Surgery

What Is Shoulder Dystocia?
Shoulder dystocia is a delivery in which additional techniques are needed to free the fetal shoulder from obstruction. To counteract shoulder dystocia the medical staff should initiate a series of maneuvers. These maneuvers should result in the release of the shoulder and aid delivery of the baby. Common injuries associated with shoulder dystocia include damage that is done to the network of nerves running from the spinal cord to the arm.

What is a brachial plexus injury?
The brachial plexus is a system of nerves connecting the spinal cord with the shoulder, arm, and hand. Brachial plexus injuries are most commonly caused during a childbirth involving shoulder dystocia. There are different degrees of brachial plexus injury including:

• Neurapraxia
• Neuroma
• Rupture
• Avulsion

What Is Erb's Palsy?
Erb's palsy is an injury that affects the mobility and function of the arms. Typically Erb's palsy is a result of injuries sustained during difficult births. When a delivery involves shoulder dystocia, the fetus may suffer nerve damage related to a brachial plexus injury, which means that the nerves connected to the affected arm are damaged.

What are the symptoms of Erb's Palsy?
The major symptom of Erb's palsy is when an infant will have one arm that does not move, except perhaps the fingers. The arm may hang straight down at the baby's side, possibly turned in slightly. A bent wrist and straight fingers are also typical for an infant with this injury.

What is Klumpke's Palsy?
Klumpke's palsy is a less common injury that paralyzes the hand muscles and finger flexors. This condition occurs when nerves in the lower brachial plexus are injured. Due to the nature of brachial plexus injuries and the location of the nerves involved, it is extremely rare to have an isolated case of Klumpke's palsy. Usually Klumpke's palsy will coincide with Erb's palsy.

How is Klumpke's Palsy Diagnosed?
A baby with Klumpke's palsy may be able to move the large muscles in the affected arm, but the finger flexors and hand muscles are paralyzed. More often, Klumpke's palsy will manifest with Erb's palsy, resulting in the complete impairment of the affected arm.

Birth Injury Quick Links

Below you'll find some of the most popular sections within our site:

• Cerebral Palsy
• Common Causes
• Erb's Palsy
• Treatment Options
• Frequently Asked Questions
• Legal Assistance

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