Birth Injury FAQ

What are the common problems that can occur as the result of a brain injury?

There are hundreds of different types of birth injuries that can happen before, during and after the birth of a child. One of the more popular and well known about birth injuries is cerebral palsy. This disorder or injury affects more than 5,000 children in the United States every year. There are many different causes of this disorder. They can result from damage to the brain of the child while in the womb or through some negligence on the part of the doctor. No matter what the cause, the results are still the same - the child will suffer from brain damage. The extent of the damage ranges from child to child. There are some cases where cerebral palsy presents itself in a mild manner, while there are other cases where the extent of the damage is severe.

The brain is a very complex organ and therefore it takes very little to cause serious damage. Brain damage occurs in many different stages of severity. There are some children who suffer from mild brain damage, while there are other children who suffer from severe, life altering brain damage. As a result of severe brain damage there are some children who require 24-hour care. But what causes brain damage to occur? Can it be prevented? These are the questions that parents ask when they find out that their child has suffered from a birth injury that has caused some form of brain damage in their child.

Erbs Palsy is also known as Brachial Palsy. This form of birth injury occurs in about 2 out of every 1,000 deliveries. This disorder comes as a result of some form of damage or injury to the brachial plexus. The brachial plexus is a group of nerves that travels from the spinal cord into the arms and hands. The leading cause of this disorder is from excessive pressure being applied to the head of the child during the actual childbirth. This usually happens when there is difficulty delivering the shoulder area of the child. Therefore pressure needs to be applied the head and shoulder area of the child. Children who are higher-than-average weight are more susceptible to this type of birth injury.

Who is to blame for such injuries when it comes to legal action?

A birth injury is not a simple matter. As a matter of fact, it may be one of the hardest types of malpractice to prove. There are a number of people that are involved in a birth injury lawsuit and it is not limited to the doctor in charge. In fact, it can be extended to several members of the hospital staff such as nurses, anthesiologists and in some cases has even been extended to include the whole hospital. But there is always the question of who should the lawsuit focus on and who can even be sued. This is why it is very important to find a lawyer who is experienced when it comes to birth injuries suits.

What is the best way to go about seeking legal action for brain damage caused by birth injury?

Often parents of an injured child decide to sue a hospital or more specifically a doctor because they feel that some form of malpractice has taken place. In most cases these parents have no idea what they are getting into, nor do they understand fully what this type of lawsuit will entail. It is the job of the lawyer they choose to hire to fill the parents in on what is about to take place and how much time and effort will be put into proving that these parents and the child in question was wronged due to some negligence on the part of the hospital or doctor. When a family decides to go forward with a brain injury lawsuit, they will need to hire an experienced lawyer that they feel confident in and one whom they feel can do the best job for them.

There is a procedure or system of steps that need to be followed when going forward with a brain injury lawsuit. Once a lawyer has been retained the lawyer will then contact the insurer of the party in question. This could be insurer of the hospital or the medical professional in question or to make sure that all bases are covered they could contact both. When this is first done the lawyer of the injured party will demand money as compensation for the parents and the injured child. It is very rare that the insurer will agree to pay the money until some form of investigation has been performed. This is called the discovery stage of the lawsuit. It is appropriately named as it is in this stage that people are searching for information and are trying to discover who is in fault. It is during this stage that pictures will be taken of the child and medical records will be collected about the child. This is to ensure that the child does in fact suffer from a birth injury that could have been caused by negligence on the party of the doctor. It is also during this stage that the lawyer of the injured party will be consulting and hiring medical professionals outside of the hospital in question to examine the child and his or her medical records. The lawyers for both sides will want to question these experts.

Thank you for choosing Lawcore.com!

Lawcore.com Home | Contact Lawcore.com | Advertise Your Firm | Terms & Conditions Of Use / Privacy Policy

Copyright © 2004 - 2008 Lawcore.com, Inc (As Licensee). All Rights Reserved.