How a Birth Injury Attorney Can Help

Many families do not realize their child suffered from a birth injury until they are older. The sooner you talk to a Bloomington Birth Injury Attorney, the better.

Medical mistakes during labor and delivery can cause life-changing injuries for infants. These conditions require years of intensive treatment, including medication, surgeries, and several types of therapy.

Symptoms of a Birth Injury

Parents are often shocked to learn their child suffers from a birth injury. The condition can be caused by a variety of issues, including complications during labor and delivery.

The physical injuries resulting from birth trauma require expert medical treatment. Depending on the child’s needs, treatment may include physical therapy, surgery, or other methods of care.

Some of the most common birth injuries are cerebral palsy (CP), brachial plexus injuries like Erb’s and Klumpke’s palsies, and hypoxic ischemic encephalopathy (HIE). CP causes cognitive and motor impairments. HIE affects the oxygen flow to the brain and can cause long-term developmental problems.

Symptoms of a birth injury may not appear until months or even years later, when the child is older and more active. A Bloomington Birth Injury Attorney can help parents understand what signs to look for and how a birth injury could impact their child’s life. The legal team also reviews the medical records and other evidence to identify any potential issues in a claim.

Birth Asphyxia

When a baby experiences low oxygen levels shortly before, during, or after birth, it may cause hypoxic-ischemic encephalopathy (HIE). HIE is a severe form of brain damage that can lead to cerebral palsy and epilepsy. It is most commonly caused by a lack of oxygen during labor or delivery, a delay in the transportation of oxygenated blood to the brain from the mother, or an airway blockage.

While HIE can be life-threatening, it can also be reversible if a child is given therapeutic hypothermia within the first few hours after birth. However, even if a child does not suffer from permanent brain damage, they may still need a variety of therapies and other interventions throughout their lifetime.

A Bloomington birth injury attorney could help families seek restitution for damages they have already incurred as well as losses that will occur in the future. In addition to emergency medical bills and lost earnings, a family may be entitled to compensation for their loss of quality of life and enjoyment of life.

Brachial Plexus Injuries

A brachial plexus injury affects the nerves in an infant’s arm. It typically occurs when a baby’s head and neck are stretched or pulled during a difficult childbirth. This can damage the C5-C6 spinal nerves that control movement, sensation and other functions in the shoulder, elbow and hand.

Newborns with brachial plexus injuries experience pain and difficulty moving their arm or hand, and they can’t feel sensations like temperature or touch. They also lose control of their shoulder, wrist and forearm muscles on the affected side. A physical exam can reveal the presence of a brachial plexus injury, such as when the affected newborn’s arm flops when their provider rolls them from side to side or they have an absent Moro reflex on one side.

Early treatment for a brachial plexus injury offers the best chance of improving function and preventing permanent damage. This may include physical therapy and regular electrodiagnostic tests to measure muscle signals and confirm a nerve injury, locate the extent of the damage, and reveal how well the injury is healing.

Birth Trauma

Many new parents are not prepared to hear that their child suffered a serious injury during labor and delivery. When that injury stems from medical negligence, a Bloomington birth injury attorney may be able to help.

A successful lawsuit requires access to the birthing mother’s and infant’s medical records, as well as the medical professional’s employment records. These records can prove that the medical professional failed to respond appropriately or assess conditions in a timely manner.

A successful lawsuit may result in a financial settlement that addresses the cost of lifelong treatment or care, as well as the costs associated with the birth injury itself. Some people with unresolved trauma find that their feelings about their birth experience don’t disappear, even after everyone is safe and healthy. This can lead to PTSD, or post-traumatic stress disorder, which can have long-term negative effects. Research suggests that unresolved trauma can be passed down through the DNA of children and grandchildren, as well.