What is a Birth Injury?

Beyond helping parents of children with Cerebral Palsy connect with a wealth of resources, assistance and legal information, our organization also works to answer questions on a wide spectrum of issues. As a result, birth injuries are a common focus. It occurs to us, though, that many wonder, “What is a birth injury?” This question is valid, though, because of the number of incidences that can be referred to as a birth injury.

First, it’s important to understand that a birth injury can occur over a number of hours during the labor and delivery of a child. A birth injury, you see, often includes the time surrounding a child’s delivery, but also the pregnancy and post-birth care as well! Far too many parents are led (or misled) to believe, in the haze of the days, weeks, perhaps even months, following a child’s birth that ‘these things happen.’ The diagnosis can even be contributed to various other terms for Cerebral Palsy that may lead a parent to believe nothing else could be done OR that the diagnosis is not important. Sadly, the truth may be the exact opposite.

A birth injury is critical because, in many instances, Cerebral Palsy may have been preventable. In some instances, CP may have been the result of a deviation from standards in medical care while, in others, nothing different could have been done. How is this question answered? Through a Medical Legal Review.

A Medical Legal Review involves a free examination of your child’s medical records to better understand the circumstances surrounding the labor and delivery. When that labor and delivery deviate from the medical standards of care that are both well established and expected from any medical professional to help a woman deliver a healthy child, these details matter, especially when a child with facing special needs requires decades of care, therapy and more.

Sometimes a birth injury is not visibly evident. While some children may suffer bruises, broken bones and more due to a birth injury involving a vacuum or forceps, others may not show immediate signs of Cerebral Palsy or other conditions until milestones are missed. As a result, the unfair timeline referred to as the statute of limitations, causing some parents in certain states to only have three years to pursue legal action for a birth injury, can be critical.

If you have questions regarding your special needs child, including whether he or she suffered a birth injury that was preventable, please contact our offices today. Whether through filling out our online form or calling us at (800) 462-5772, the benefit is yours. Our representatives can connect any parent of a child with Cerebral Palsy with additional free resources aimed at helping, and can also assist with pursuing a free medical legal review that may provide assistance, devices and care for years and decades to come.

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