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Welcome to the Birth Injuries webpage of The Law
Offices of Scott C. Gottlieb & Associates, LLP.
Our office works with economic and medical experts to
help prepare your case. We will also help you decide
whether it is more prudent to fight or to settle a
case in order to obtain the maximum awards. We Will
Fight For You!
During labor and delivery, medical complications can
result in birth injuries. Cerebral palsy and Erbs
palsy are the most common cases we handle. Doctors and
health care professionals must exercise the utmost
care to avoid injury to babies during the especially
vulnerable times of labor induction, Cesarean section,
and mechanically assisted (forceps) births. Babies who
experience severe oxygen deprivation to the brain, or
head trauma, during these delicate obstetrical
procedures often die or face lifelong disabilities.
Approximately 10,000 babies each year develop Cerebral
palsy (a condition which impacts the ability to
control movement) as a result of oxygen deprivation.
Oxygen shortage also causes hypoxic-ischemic
cephalopathy brain damage. Other types of traumatic
obstetric birth injuries include prenatal asphyxia,
Erbs Palsy or Brachial Plexus Palsy, Klumpke's Palsy,
Torticollis, and Shoulder Dystocia. Fractures, spinal
cord trauma, cephalohematoma and intracranial
hemorrhage may be the result of preventable
obstetrical damage. Common errors for which medical
providers may be held responsible are as follows:
- Difficult
or prolonged labor (often due to a large baby);
- Failing
to detect the umbilical cord wrapped around a
baby's neck;
- Unreasonable
delay in performing an emergency Cesarean section;
- Failure
to test and treat conditions during pregnancy, or
misdiagnosis
- Failing
to recognize negative fetal signs
Approximately
27 of every 1,000 births in the United States results
in a birth injury. A "birth injury" is
defined as any type of damage to an infant's body
before, during or just after birth. The March of Dimes
cites 60 percent of birth defects as due to unknown
causes; however, thousands of developmental defects
and fetal deaths are attributable to an expectant
mother's exposure to toxic substances. Studies have
shown that women living within two miles of a landfill
have an increased chance of giving birth to a baby
with spina bifida, a hole in the heart, or other
defects. Pregnant women exposed to high levels of
pollutants have almost three times the risk of
delivering an infant with a cardiac problem.
Polychlorinated biphenyls (PCBs) are well documented
hazards to pregnant women and may inhibit a child's
intellectual ability, short and long-term memory and
attention span. Microcephaly (an abnormally small head
circumference) is caused by detrimental in utero
factors such as pharmaceutical drugs, radiation, or a
mother's prenatal infection of rubella (German
measles).
Heavy metals (gold, lead, mercury), cleaning
solutions, paint, caffeine, radiation and drugs and
alcohol are also culprits in causing birth defects.
Manufacturers who fail to inform (via labeling)
pregnant women of the risk can be held responsible for
the birth defects caused by their products.
There are many "natural" circumstances
wherein oxygen deprivation can occur during the labor
and delivery process: the umbilical cord can become
compressed or twisted in the birth process; the baby
is too large to pass through the birth canal easily,
or the baby is breach or sideways in the womb.
There are also many circumstances where brain damage
or brain injuries are caused by mistakes made by
doctors, hospitals or other medical professionals
during the delivery process: a delay in performing a
necessary C-section delivery, complication with a VBAC
(vaginal birth after C-section) delivery - such as
uterine rupture, use of excessive force during the
delivery, or a miscalculation in the size of the baby,
causing a traumatic delivery.
An experienced birth injury lawyer should be consulted
if your infant has suffered a birth trauma and you
suspect those injuries were caused by medical
negligence. The attorney should be consulted
immediately after birth, even if the extent of the
injuries and damages are not yet known. Unfortunately,
doctors and hospitals will almost never admit fault or
offer to pay reasonable damages to cover even the
likely economic loss from an injury. Appropriate
discovery is essential to knowing whether there is a
case, and to knowing what the likely costs will be
that are associated with any permanent injury.
Experience
Counts. Our overall goal is to establish our office as
the best office to hire if you want compensation for
your case. We base this on our experience and past
results.
Our philosophy is to provide quality legal services
while treating each client with care and respect. We
also provide assistance with other legal problems that
arise during the pendency of your case. If you feel
that you or a loved one has suffered due to birth
injuries, call us at
1-800-TALK-LAW (1-800-825-5529) or contact us via our online contact
form. All calls and inquiries are responded to the
same day, usually within one hour. There is no
case-review cost.
Birth Injuries Frequently Asked Questions
(FAQs)
Free Birth Injuries Case Evaluation
Personal
Injury Glossary
Tort
Legal Glossary
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