Name: Phone: Email: Comments/Questions: Tell us about your concern

Birth Injuries Overview
 

Birth injuries may occur to a baby during the mother’s pregnancy, labor, delivery, or shortly after birth. While some birth injuries occur due to natural causes, some are caused by medical neglect or error. Doctors and other health care professionals must provide the accepted standard of medical care. If they fail to do so and a birth injury results, the health care providers can be held liable for medical malpractice.

The Abelson Law Firm in Washington DC can help you obtain the financial resources necessary to manage the long-term effects of your child’s birth injury. With over 35 years of legal experience, Attorney Michael A. Abelson can help protect your future by recovering the compensation you and your child need. Contact us online or call us at (888) 797-4242 or (202) 331-0600 for a free review of your case. The Abelson Law Firm accepts cases in the Washington DC area on a contingency fee basis, which means you pay attorney's fees only if we obtain a favorable verdict or settlement for you.

Two of the most common birth injuries are cerebral palsy and Erb's palsy. While cerebral palsy can occur naturally, it can result from a lack of oxygen during labor and delivery, and the birth process. Children with cerebral palsy may suffer from muscle spasms or mental retardation, speech difficulties, a lack of muscle control and impaired fine or gross motor skills. Erb's palsy is an injury to a group of nerves called the brachial plexus; it results from excessive pressure applied to a baby's head or neck during difficult childbirths. The signs of Erb's palsy include paralysis of the shoulders, arms or neck, reduced muscle control or a loss of sensation in the shoulders, arms or hands, and reduced arm strength or lack of fine motor coordination.

Other birth injuries include Klumpke's palsy, a paralysis of the hand, forearm and wrist, and torticollis, a condition where the baby has a tilted head and neck. Each of these conditions may require years of expensive therapy and medical treatments.

Pregnant women rely on their doctors to assess their condition and prepare for childbirth. It is a doctor's responsibility to take precautions and advise the expectant mother; it is also his or responsibility to assign or request qualified medical staff to help in the delivery. Not all birth injuries are the doctor's fault. However, if the doctor neglected to take proper steps that are part of the healthcare provider’s professional role, or failed to manage the birth properly, he or she may be responsible for the resulting birth injury.

Standards of medical care require that a doctor maintain thorough medical records for the pregnant women in his or her care. The doctor must be aware of symptoms that may put the child at risk, including gestational diabetes, excessive weight gain, large fetal size (fetal size should be evaluated in the third trimester) and an overdue delivery date. During the delivery, the health care provider must constantly assess and evaluate both mother and baby's condition. It is the doctor's responsibility to ensure that both mother and baby have adequate oxygen and to take steps if the fetal monitor indicates the baby is in distress. If the baby is too large or becomes stuck behind the mother's pubic bone, there are proper procedures to get the baby out safely. If a C-section (Cesarean section) is required, the doctor must make that determination and follow through in a timely manner.

If you suspect that your doctor failed to follow reasonable standards of medical care and, as a result, your child suffered a birth injury, you have the right to seek financial compensation. The legal team at the Abelson Law Firm has substantial experience handling birth injury cases and can help you obtain the financial compensation you will require to care for your child. Attorney Michael A. Abelson has earned numerous professional honors including the highest “AV” rating from the Martindale-Hubbell Bar Register of Pre-Eminent Lawyers and the Lawyer of the Year award from the Trial Lawyers Association of Washington DC. Contact us online or by phone at 202-331-0600 or toll free 1-888-797-4242 for a free consultation.