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The Top 5 Most Common Birth Injury Claims

August 26, 2024

Birth injuries can have devastating and lifelong impacts on children and their families. When these injuries are a result of medical negligence, parents often seek justice and compensation through legal claims. Understanding the most common birth injury claims can help families navigate these challenging situations and find the best support, including the assistance of a local personal injury lawyer. Here are some of the most prevalent birth injury claims:


1. Cerebral Palsy

Cerebral palsy is one of the most common birth injuries resulting from medical malpractice. It often occurs due to brain damage caused by oxygen deprivation during delivery. This condition can lead to lifelong physical and cognitive disabilities. Families affected by cerebral palsy frequently file claims alleging failure to monitor fetal distress, improper use of delivery tools, or delayed cesarean sections.


2. Brachial Plexus Injuries

Brachial plexus injuries, including Erb's palsy, occur when the nerves controlling the arm and hand are damaged during delivery. This can happen if excessive force is used, particularly during a difficult or prolonged delivery. These injuries can result in permanent weakness or paralysis in the affected arm. Parents may file claims against healthcare providers for improper handling during childbirth.


3. Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain injury caused by insufficient oxygen and blood flow to the brain during birth. This condition can lead to severe developmental delays, cognitive impairments, and physical disabilities. Claims related to HIE often involve allegations of inadequate fetal monitoring, delayed intervention, or failure to perform an emergency C-section.


4. Fractures and Physical Trauma

Infants can suffer fractures and other physical injuries due to the improper use of forceps, vacuum extractors, or incorrect delivery techniques. Common fractures include the collarbone or clavicle, which can cause significant pain and complications for the newborn. Claims of this nature focus on the use of excessive force or improper technique by medical staff.


5. Birth Asphyxia

Birth asphyxia occurs when a newborn does not receive adequate oxygen before, during, or immediately after birth. This can lead to severe and permanent damage to the brain and other organs. Claims related to birth asphyxia often involve allegations of failure to respond appropriately to signs of fetal distress or delays in performing a necessary C-section.


Choosing a local personal injury lawyer ensures that families have access to someone familiar with the state's medical malpractice laws and court procedures. According to IBISWorld, there are 50,693 personal injury lawyer businesses in the U.S. as of 2023, but finding one specific to your area ensures a more personal experience. This local expertise can make a significant difference in the outcome of a birth injury claim.

Understanding the most common birth injury claims and the role of a local personal injury lawyer is crucial for families seeking justice and compensation. Professionals like those at The Law Offices of Michael F. Mahoney will offer any assistance needed to ensure justice for your child.

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