Legal steps to take after a preventable birth injury

On Behalf of | Mar 9, 2021 | Birth Injuries, Blog

The birth of a child is one of the happiest moments of your life, but birth injuries are a reality still faced by many parents in New Mexico. Sadly, research shows that nearly half of all birth injuries are preventable.

Birth injury versus birth defect

Birth defects are conditions that are typically genetic and present within the womb while birth injuries generally occur during the labor and delivery process. Birth injuries are rarely fatal, but they can result in serious impairment and lifelong treatment and medical costs. Cerebral palsy is one of the most common birth injuries. A number of events may cause cerebral palsy, including:

  • Lack of oxygen to the baby during prolonged labor and delivery
  • Improper use of a vacuum or forceps to assist in delivery
  • Failing to notice fetal distress
  • Missed or improperly treated maternal infections

Cerebral palsy

Cerebral palsy is a condition involving brain injury that causes motor difficulties. It can range in seriousness from minor deficiencies all the way to spastic quadriplegia where the paralysis affects all four limbs, the body and the face.

A child suffering from spastic quadriplegia is likely to suffer from additional developmental disabilities and require around-the-clock medical care. The lifetime cost to care for a child with cerebral palsy can exceed $1 million. A medical malpractice attorney with experience in handling birth injuries could assist in obtaining necessary funds to provide continuing medical treatment and therapies.

Children suffering from cerebral palsy and other birth injuries will need lifelong treatment and monitoring. Cerebral palsy patients frequently need physical therapy, occupational therapy, speech and language therapy and more. If their diagnosis stems from a medical error or negligence, a lawsuit could yield funds that allow you to obtain the best therapies available.


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