Birth Injury Arizona

A birth injury is any injury that occurs to the child during or immediately following the birth process. There are many problems that can cause a birth injury. Sometimes the injury is due to medical malpractice, and other times it is simply a matter of how the birth happened naturally. In the case of medical malpractice, the family might be able to receive monetary compensation for the damages their child faces.

Having a child who is the victim of a birth injury is difficult and life altering for many parents. Some of the medical reasons a child might be born with a birth injury are damage caused by delivery instruments, a doctor waiting to long to perform a c-section, and improper monitoring of the baby during delivery. Sometimes the doctor will not properly calculate the size of the baby, and if the baby is too big, he may become lodged in the birth canal. Giving the mother the wrong medications can cause a birth injury. Sometimes babies require oxygen after birth, and a failure to provide oxygen can result in a brain injury.

The good news about birth injuries is that many of them can be treated successfully if they are found early enough. However, there are some sad cases in Arizona where the child faces a lifetime of disability due to the actions, or lack thereof, of medical personnel. In these cases, birth injury lawyers around Arizona are the best course of action for the parents.

The most public types of birth injuries are brain injuries. Brain injuries that occur during the birth of a baby are usually caused by either a lack of oxygen or bleeding on the brain. One of the most widely publicized brain injuries that occur in babies is Cerebral Palsy. Cerebral Palsy is caused by damage to the cerebrum, an important part of the brain. The child will have less ability to control his movements, and may have limited mental capacity.

Another common birth injury is Brachial Plexus. This is another brain injury, which is caused by Shoulder Dystocia, a condition where the baby’s shoulders are stuck in the mother’s pelvis. The strain on the baby’s neck can damage the nerves between the neck and shoulder. These injuries are treatable.

While these two are the most common and widely publicized birth injuries, there are other problems that can occur during birth. If forceps are used to help the delivery, the child could have bruising on his scalp or brain, bleeding inside his skull or underneath the scalp. Some babies who have a difficult time passing through the birth canal experience clavicle fractures. Type B Strep is a virus that can be passed to the baby from the mother. Harmless to the mother, this virus is incredibly dangerous for a newborn. If detected, it can be treated through high doses of antibiotics given to the mother before and during delivery.

Parents in Arizona of a child who suffers a birth injury often wonder if they are candidates for birth injury lawsuits. They want to figure out if they have a case before shopping for birth injury attorneys around Arizona. Not all injuries are the fault of the doctor or hospital. If a birth injury occurs due to the natural course of labor, there is little a birth injury lawyer can do. The case will not hold up in court.

Physicians are held liable for a birth injury under a certain set of rules. First, the doctor involved has to have a duty to the child. This basically means that the doctor had to be part of the delivery. Any doctor participating in the delivery of a child has an ethical duty to protect the child and the mother.

Once duty is established, the birth injury attorney’s job is to determine if the doctor failed to perform this duty. If the doctor failed to provide standard care for the child, they are considered to be in breach of duty. If this breach caused the birth injury, they are liable for damages. However, if the child’s injury could not be prevented, or of the negligence is not what caused the injury, the case becomes much more complicated.