Birth Defects

and Birth Injuries

Having a child can be one of the happiest moments of your life. Unfortunately, it can also be a time of anxiety and fear. Approximately 7 out of 1,000 babies in the United States are injured either before or during childbirth. Additionally, 3% of infants (1 in 33 babies) are born with a birth defect.

Some of these injuries or conditions are the result of improper care or negligence by a medical provider, like a doctor, midwife, or nurse. The implications of a birth injury caused by negligence can be overwhelming with long-term effects on you and your child. When you are anticipating the birth of a healthy baby and your baby is born injured or unhealthy, often times you are left feeling helpless and wondering, “How could I have let this happen?”

It’s important to contact a personal injury lawyer if you suspect that your child’s birth defect or injury at birth was the result of medical negligence. Medical care for these conditions can be expensive and our lawyers can help you get the money you need to cover those expenses. Personal injury settlements can also include additional compensation for pain and suffering or for lost wages if you must take time off work to care for your child.

Common Birth Defects and Injuries

Common birth injuries include:

  • Cerebral Palsy
  • Erb’s Palsy (sometimes called Brachial Plexus Palsy)
  • Congenital Heart Defects
  • Spina Bifida and other Neural Tube Defects
  • Cleft Palate/Cleft Lip

Many of these conditions occur due to genetic risk factors and could not have been prevented even with the best medical care. However, medical malpractice can sometimes be a contributing factor. It is possible that you were prescribed a medication that increased these risks or that your doctor misinterpreted a prenatal test that could have allowed you to address a condition sooner. If you suspect that malpractice was a factor, you should call a personal injury lawyer as soon as possible. We can help you look at the facts of the case and determine if you have grounds for a lawsuit.

Injuries sustained during birth can include:

  • Bleeding to the brain
  • Injury to the brain cells from a lack of oxygen (HIE or Hypoxic-ischemic Encephalopathy)
  • Brain swelling
  • Facial nerve damage
  • Skull fractures

The natural contractions that come with childbirth can be hard on an infant and the potential for birth injury will always exist. However, in some circumstances, improper care provided by a health care professional during labor and delivery may be the likely cause of the injury.

Causes of Birth Injury and Defects

Birth injury, medical malpractice, or negligence, can happen when your healthcare provider deviates from accepted standards of practice and causes an injury. This can happen in many different ways, such as:

  • Failure to accurately interpret fetal ultrasounds
  • Failure to properly care for the newborn after delivery
  • Improper use of forceps, vacuum or other delivery instruments
  • Improper use of Pitocin, or other drugs used to induce or facilitate labor
  • Failure to perform a cesarean section when the condition of the baby and/or mother requires it
  • Failure to recognize signs of fetal distress seen on the fetal heart monitor and not providing the appropriate treatment

Other types of injuries could be due to a medical care provider’s improper diagnosis or management of a complicated pregnancy or delivery such as:

  • Abnormal maternal or fetal bleeding
  • Detached placenta (placental abruption)
  • Misdiagnosing or failure to diagnose maternal infections
  • Prolonged labor caused by inadequate pelvis size for vaginal delivery or other situations

Areas Of Expertise

Personal Injury Lawyer for

Birth Defects and Injuries

If your child has been injured due to the negligence of a healthcare provider, it is important that you call an experienced personal injury lawyer. Call Grabb & Durando. Our attorneys will fight for your rights and help ensure that you get the compensation you deserve.

Call us today to schedule a free consultation with one of our Tucson personal injury lawyers specializing in birth defects and injuries.