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More details about the birth injuries that may qualify for justice and compensation
More often than not, newborns that suffer from one of the listed birth injuries do so as a result of medical negligence or malpractice–leaving the babies and their families with a lifetime of care and expensive treatments.
Here are a few details about each of the eligible conditions and what they might mean for the newborn victims and their families.
Cerebral Palsy. Some cerebral palsy newborn symptoms caused by brain damage during childbirth may go unnoticed in infants–signs of cerebral palsy in infants may include:
- Abnormal muscle tone
- Crossed or stiffened legs when being picked up
- Delays in sitting, crawling, rolling over, and walking
- Difficulty grasping objects or clapping their hands
- Excessive drooling
- Inability to lift their own head
HIE (Hypoxic-ischemic encephalopathy). HIE is a serious type of infant brain damage that occurs during childbirth when the baby's brain is deprived of blood and oxygen–the blood and oxygen deprivation causes cells in the baby's brain to die within minutes.
Brain Damage. Some causes of brain damage in infants are from asphyxiation, or lack of oxygen, around the time of birth–so, babies born prematurely are at increased risk of being deprived of oxygen.
Erb's Palsy. Erb's palsy is significant muscle weakness in the arm or shoulder that typically occurs as a result of an injury sustained during birth–it's most common in infants who injured their shoulders during delivery.
Shoulder Dystocia. Shoulder dystocia happens when one or both of a baby's shoulders get stuck inside the mother's pelvis during labor and birth–it can cause serious problems for both mom and baby.
Again, victims that were born in 2012 or later and that have spent 4 or more days in the hospital suffering from a serious birth injury are urged to come forward for possible compensation.
How the eligible birth injuries may be the responsibility of medical negligence or malpractice
There are two different types of behavior that doctors, physicians, and medical teams can engage in that might increase the potential for birth injuries to occur–medical negligence and medical malpractice.
Medical negligence. Medical negligence refers to an unintentional act of carelessness, as opposed to a purposeful intent to harm.
Medical negligence means the doctor, physician, anesthesiologist, or medical team member made a mistake in the course of attempting to meet the medical standards of care and doing the right thing by the patient.
Any failure to provide health care services per the medical industry’s standards, resulting in harm to the patient, could constitute medical negligence.
Medical malpractice. Malpractice is often more distressing than negligence because it appears with a physician’s intent.
This does not necessarily mean the medical professional meant to harm a patient, but he or she meant to perform some action while knowing it could result in harm to the patient.
A doctor, physician, anesthesiologist, or medical team member may be guilty of malpractice if he or she knew there was a risk of harming the patient, but committed the act or omission anyway.
The Shield Justice Watch team believes that the families of victims of birth injuries should be able to address negligent doctors, physicians, and medical teams to potentially get compensation and justice.
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