Things You Need To Know If Your Baby Was Injured During Labor


Labor is different for each woman. While the extremely lucky ladies have to undergo just a few hours of hard work, others have to travel the harder way and ultimately end up with a C-section. Despite how smoothly the entire process goes, there is always a chance for the baby to get injured during the delivery.

Common forms of injury sustained by the baby during childbirth:

  •  Cerebral palsy affects the child’s ability to maintain balance and move around.
  •  Erb’s palsy can cause loss of motion and arm weakness.
  • A brachial plexus injury leads to weakness or loss of feeling in the hands, shoulder, and arms of a child. It can also cause swelling in the scalp or head due to impairment in the set of nerve fibers that support the musculature of upper limbs and the skin.
  • Facial paralysis causes the baby to have difficulty eating, blinking, and making sounds.
  • Hemorrhaging or blood clots.
  • Damaged spinal cord or fractured bones.
  • Umbilical cord injuries.
  • Brain injuries due to lack of oxygen.
  • Shoulder dystocia is caused by a fetal shoulder obstruction.

Common reasons behind birth injury:

  • The medical staff doesn’t follow proper medical protocols for the specific birth situation.
  • The medical staff fails to provide adequate medical care.
  • Medical staff delayed the C-section too long or failed to correctly monitor fetal distress.
  • Wrong medication or wrong dose is given to a mother or the baby.
  • Unqualified staff caring for the mother and child either before, during, or after delivery.
  • A medical staff member picks up the baby without supporting its head.
  • Improper usage of labor equipment like forceps.

While some of the conditions or injuries are immediately apparent, others take more time to manifest. For Miami moms, the importance lies in consulting a Miami medical malpractice attorney to guide them through the entire process of determining the symptoms or signs they should look for to confirm whether the baby has sustained birth injury.

These professionals can help families get the rightful compensation for different damages, including:

  • Pain and suffering.
  • Medical expenses to cover your past, current, and even future bills.
  • Expenses incurred due to disability of your children such as loss of future earnings or the necessity of making special modifications to your home.

In a medical malpractice case, the legal burden of proof rests on the plaintiff who will have to show adequate evidence suggesting that the malpractice took place. In simple words, you will have to prove that your child sustained harm because of the malpractice. Medical centers have the backing of top representations making this process pretty difficult for the plaintiffs.

However, a competent attorney can streamline the whole process and prove your claim by undertaking the following steps:

  • Hold an initial consultation to discuss the case with you.
  • Gather all documents and conduct a forensic investigation.
  • Seek expert testimony for the documents and determine both the type and amount of compensation you are eligible for.
  • File the birth injury lawsuit and negotiate with the healthcare provider’s insurance company for better payouts.
  • Help victims in accepting or rejecting a settlement for their best interest.

Given the legal complexity of birth injuries, it is imperative to choose an expert birth injury attorney who specializes in this area of law.

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