Ohio Medical Malpractice Attorney and Hospital Negligence Lawyer investigating birth trauma lawsuits and cerebral palsy birth injury cases for plaintiffs nationwide
The majority of children are delivered in the United States healthy and without complications, however, thousands of birthing mothers and babies may suffer from serious, permanent injuries such as cerebral palsy and other permanent conditions. Around 30 of 1,000 babies in the U.S. suffer from birth trauma due to natural complications, hospital negligence, and delivery malpractice.
Birth trauma lawsuits can be filed by plaintiffs following serious newborn injuries and maternal injury that can be linked to hospital negligence or errors made by any medical staff member, including nurses, doctors and anesthesiologist. Common neonatal birth injuries warranting legal action may include cerebral palsy, congenital heart defects, broken bones, or Brachial Plexus Injuries.
The standard of medical care in American hospitals dictates that most birth injuries are preventable and should not take place. Should a hospital and professional medical staff fail to prevent a maternal or neonatal injury, birth trauma lawsuits filed with a medical malpractice attorney can recover medical expenses, pain and suffering, and long-term disability costs for severe and permanent birth injury.
Joe Lyon is an experienced Ohio medical malpractice lawyer and hospital negligence attorney investigating cerebral palsy birth injury and filing birth trauma lawsuits on behalf of plaintiffs nationwide.
Common Birth Injuries & Birth Trauma
Cerebral palsy is a disorder of movement, muscle tone or posture caused by damage that occurs to an immature, developing brain, before, during or soon after birth. Estimates from the U.S. Centers for Disease Control and Prevention’s Autism and Developmental Disabilities Monitoring Network show about 1 in 323 children are affected by Cerebral Palsy.
According to the National Institute of Neurological Disorders and Stroke (NINDS), Cerebral Palsy (CP) is the leading cause of childhood disabilities, but it doesn’t always cause profound disabilities.
While one child with severe CP might need extensive, lifelong care, another child with mild CP might be only slightly awkward and require no special assistance. Some people show intellectual capacity, but others may have intellectual disabilities. The disorder isn’t progressive; however, as a child gets older, certain symptoms may become more evident.
Birth trauma most commonly occurs with larger babies and longer deliveries, which may require doctors to use instruments like forceps or vacuums to assist in delivery. Maternal injuries are more common than many may think, including instances of anesthesia malpractice. Other kinds of birth trauma and birth defects can include:
- Cerebral Palsy
- Bell’s Palsy
- Spina Bifida
- Cleft Palate
- Erb’s Palsy
- Congenital heart defects
- Head, neck, and shoulder injury
- Subconjunctival Hemorrhage
- Brachial Plexus Injury
- Anoxic Hypoxic Brain Injury—Oxygen Deprivation
- C-section Injury
- Air Embolism
- Retained instruments
- Infant or Maternal death
Cerebral palsy is caused by abnormalities or disruptions in brain development, before or soon after a child is born. Factors that may lead to problems with brain development include:
- Blood Incompatibility
- Maternal infections that affect a developing fetus
- Fetal stroke: a disruption of blood supply to the developing brain
- Infant infections that cause inflammation in or around the brain
- Traumatic head injury to an infant during or soon after birth
- Lack of oxygen to the brain (asphyxia) related to a complicated labor or delivery
A number of factors are associated with an increased risk of cerebral palsy. Some factors are genetic, though others are preventable. According to the U.S. Centers for Disease Control and Prevention (CDC), the leading preventable risk factors are disruption of the oxygen supply during birth (birth hypoxia), which may account for up to 10 percent of CP cases, and infection among mothers.
Infection of the placental membranes (chorioamnionitis) is associated with an increased risk of CP for children born full-term. Chorioamnionitis has been found to account for 12 percent of CP cases among children born full-term and 28 percent of CP cases among children born prematurely.
Certain maternal infections can significantly increase cerebral palsy risk to the baby, including the following:
- German measles (rubella)
- Chickenpox (varicella)
- Zika Virus
- Other high risk factors include the following:
- Infant illness—bacterial meningitis, viral encephalitis, untreated jaundice
- Complicated births—breech births, low birth weight, premature births
Symptoms of Cerebral Palsy
Signs and symptoms of CP can vary greatly, and generally appear during infancy or preschool years. The disability associated with cerebral palsy may affect one limb or one side of the body, or the whole body. The brain disorder causing cerebral palsy doesn’t change with time, so the symptoms usually don’t worsen with age. Movement and coordination problems associated with cerebral palsy may include:
- Variations in muscle tone
- Stiff muscles
- Exaggerated reflexes (spasticity)
- Lack of muscle coordination
- Involuntary movements
- Delays in reaching motor skill milestones
- Favoring one side of the body
- Difficulty walking
- Excessive drooling—problems with swallowing
- Difficulty eating
- Delays in speech development
Brain abnormalities associated with cerebral palsy also may contribute to other neurological problems, including the following:
- Difficulty with hearing and vision
- Intellectual disabilities
- Abnormal touch or pain perceptions
- Mental health conditions
- Urinary incontinence
Cerebral Palsy Complications & Settlements
Muscle weakness and coordination problems can contribute to a number of complications either during childhood or later in life. Developing health issues may include the following:
- Eye muscle imbalance—may affect visual fixation and tracking.
- Lung disease and breathing disorders
- Neurological conditions—people with cerebral palsy are likely to develop movement disorders or worsened neurological symptoms over time.
- Osteoarthritis—muscle spasticity may lead to the early onset of painful degenerative bone diseases
- Mental health conditions—the challenges of coping with disabilities may contribute to depression.
Cerebral Palsy Birth Injury Lawsuits
The Lyon Firm has experience trying medical malpractice cases, and has the ability to build birth trauma and cerebral palsy birth injury cases with the help of obstetricians and medical experts to present the highest quality case on the injured plaintiff’s behalf. Birth trauma lawsuits and hospital negligence claims may result in large settlements that help recover medical costs for an injured plaintiff’s future.
If your family has been through the trauma of cerebral palsy birth injury and suspect medical malpractice, and have questions about the legal remedies available to improve quality of life and medical care, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer critical questions regarding cerebral palsy birth injury.