Understanding CP: What is a Birth Injury?

We have previously discussed Cerebral Palsy at length, explaining how it is caused and the root brain injury that surrounds the diagnosis. But when we use the term ‘birth injury,’ it is easy to assume that this describes more obvious actions. A birth injury calls to mind a child being dropped or an arm being broken, but what about the wrong use of a vacuum, a delayed C-Section or excessive pressure suffered due to frequent contractions? As we’ll explain, these are just some examples of less obvious birth injuries that are critical to understand, both to better comprehend what happened during your child’s deliver, but also possible next steps.

What is a Birth Injury?

A birth injury, as we seek to explain it here, involves any matter of circumstances in which your child’s physical health is placed in jeopardy during pregnancy, delivery or in post-birth care. As such, a birth injury can include issues like improper medications prescribed by a doctor, failure to relieve ongoing fetal distress, asphyxia, and incorrect usage of delivery tools and more.

Why does this matter?

In short, doctors who make mistakes benefit from families remaining unaware there was a birth injury, due to their lack of understanding of the extent of issues it can include. When a child suffers a birth injury due to medical malpractice, that child can be entitled to Lifetime Benefits. These funds, set aside in a trust for costs associated with medical needs, housing, education, therapy and more, look to help overcome challenges created by the birth injury. They are never simply offered up to a family with an apology and, instead, must be pursued through the assistance of a birth injury attorney.

Proving a birth injury

The role of birth injury attorneys is to review your own, personal recollection of the circumstances surrounding your pregnancy and delivery, as well as your medical records, to better understand what exactly happened. While you may have thought the nurse turning off that ‘beeping machine’ was a minor incident, it may have prevented doctors from knowing your child was in fetal distress and experiencing a birth injury. While this is just an example, and there are plenty, the goal of having a birth injury attorney walk you through the Medical Legal Review process is to discover red flags or warning signs surrounding your child’s birth and, where applicable, when deviations from medical standards occurred. In doing so, the birth injury attorney is putting together your child’s best case for Lifetime Benefits.

So what is your first step? Contact us today to learn more about birth injuries, including those resulting in Cerebral Palsy, as well as eligibility for Lifetime Benefits and more. All of our resources are provided free so don’t hesitate to contact us to see how we can help!

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