What is a birth injury?

Birth injuries generally concern death or serious injury to a newborn infant, or any other damage done to an infant's body before, during, or directly after delivery. The injury can occur to either the baby or the mother at birth. Labor and delivery is a critical time, and inadequate monitoring, evaluation, or delivery techniques may result in neurological injury to the baby. In some instances, the baby does not receive an adequate supply of oxygen (whether during labor, delivery or immediately after delivery) and as a result suffers brain injury. There are many different types of birth injuries and the effects range greatly, from a minor bruise or skin reaction to a more serious trauma to the head or shoulders. Other forms of birth injury may involve skull fractures or other forms of trauma resulting from the use of forceps and vacuum extraction devices, as well as injuries affecting the baby's use of his or her arm caused by overly aggressive traction on the baby's head during delivery (Erbs Palsy or Brachial Plexus Palsy). Top

What are some common birth injuries?

Fractures to the arm or collar bone, bruising on the face or head, facial paralysis, skin irritations, umbilical cord entrapment, Cerebral Palsy and Brachial Plexus or Erbs Palsy are some examples of birth injuries. Top

What are the causes of birth injuries?

Some birth injuries are sustained during the natural childbirth, but others may be due to medical malpractice. Some of the more common complications arising include; delivery of babies that are over nine pounds in weight; babies that are premature (born before term or 37 weeks); mis-diagnosing a medical condition called cephalopelvic disproportion, where the mother’s pelvis is too small to deliver the baby naturally; baby’s distress due to prolonged labor or delay in performing a caesarian section). In severe cases, these complications can lead to brain damage to the baby and compromise the health of the mother. Top

What's the difference between a birth defect and a birth injury?

Birth injuries are generally caused by something that went wrong during child delivery itself, while birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy. Should you have any questions as to the nature of your baby's injury, please contact the law offices of Keller and Keller so that we may advise you on how to protect you and your loved one's rights.
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What are the signs at birth that my baby may be injured?

• Persistent poor nursing
• Seizures that develop within 24 to 48 hours after birth
• An APGAR score of 5 or less at five minutes, 7 or less at 10 minutes
• An infant that is “floppy” after five minutes
• No infant cry before it is 10 minutes old (unless the baby has a breathing tube in its throat)
• Prolonged resuscitation of the baby after delivery
• Full-term baby who does not go home with its mother

How can birth injuries be treated?

The Individuals with Disabilities Education Act (IDEA) in part provides for early intervention services across the country. Physical therapy, speech therapy, and specialized play therapy are accepted modes of management that have replaced the less effective institutions of the past. Still, most parents will seek supplementary treatment from private facilities for their child. Top

What kinds of situations give rise to a lawsuit for birth defects (or injuries)?

A significant number of birth injury cases result from negligence on the part of medical professionals. Often, complications during pregnancy can be improperly diagnosed or overlooked. During labor, conditions can rapidly change, requiring quick but informed decisions to be made. As well, liability may result from the use of a prescription drug that is taken by a woman during pregnancy which causes harm to the baby. If, at any point, a healthcare professional fails to adhere to established professional standards, damages may be recoverable under medical malpractice laws.

The law offices of Keller and Keller can examine your claim and advise you on how to best proceed with your case. Top

What kind of compensation is typical for a case like this?

A typical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. Top

What is cerebral palsy?

It is a condition – not a disease – developed before, during, or occasionally after birth, affecting motor skills (movement and coordination). Cerebral palsy is a static disorder of the brain, not a progressive disorder. The physical impairment is due to brain damage in the baby, which is frequently caused by insufficient oxygen flow to the brain. The reasons for a period of disrupted oxygen flow can vary widely; for example, there may have been a pregnancy complication having to do with the umbilical cord or placenta, or there may have been a physical trauma to the cranium during delivery. Any number of factors can cause brain damage that results in cerebral palsy. While the disability is sometimes not preventable, in many cases it is. Top

Can medical malpractice cause Cerebral Palsy?

There are many different causes of Cerebral Palsy (commonly referred to as "CP"). Cerebral Palsy may be genetic, it may be caused by problems early in pregnancy, it may result from prematurity, and it may result from medical malpractice. To determine whether Cerebral Palsy has resulted from medical negligence, a thorough evaluation of the prenatal records, labor and delivery records, fetal monitor strips, newborn records, and records from subsequent treating physicians are generally necessary. Top

What signs might indicate that my child could have this disorder?

Different types of symptoms are present in different types of cerebral palsy but general signs can include:

• Poor muscle control
• Muscle tightness
• Unusually loose posture
• Involuntary movement
• Spasms or twitching

What are the different types of cerebral palsy?

Cerebral palsy is classified either by the type of movement problem (spastic, athetoid, or hypotonic) or by the body parts involved (leg, arm or all limbs) or both. Motor ability can vary greatly from one child to another.

Cerebral palsy classified by type of movement:

• Spastic – characterized by stiff or awkward movements
• Ataxic – characterized by extremely poor depth perception and/or balance
• Athetoid – characterized by no muscle control
• Hypotonic – characterized as “floppy”

Cerebral palsy classified by involved body parts:

• Hemiplegia – one arm or one leg on the same side of the body
• Diplegia – predominantly both legs but arms can also be involved
• Quadriplegia – all four extremities

The word for the dominant type of movement or muscle coordination problem is often combined with the word for the component that is most troublesome for the child. For example, a child with mostly spastic muscle problems mainly affecting his legs is characterized as having spastic diplegia. Top

When can it be diagnosed?

Warning signs relating to poor movement, balance, or posture can often be noticed in a child as early as three or four months of age. There is a widespread movement among parents for early intervention because starting physical therapy as soon as possible (within the first year) can ease the child's adjustment as he or she develops. The earlier cerebral palsy is identified and diagnosed, the better.

What information is important in determining whether my child suffered damage from an inadequate supply of oxygen during labor and delivery (hypoxia/asphyxia)?
There are a multitude of factors which are significant. Some of these include the following: low Apgar score at delivery, seizures after delivery, low ph, abnormal MRI/CT, NICU placement, abnormal kidney function, prolonged labor, infection, prolonged rupture of membrane, abnormal labor pattern, abnormal fetal monitoring strips, bleeding, and need for Caesarean Section. Top


What information is important in determining whether my child suffered damage from an inadequate supply of oxygen during labor and delivery (hypoxia/asphyxia)?

There are a multitude of factors which are significant. Some of these include the following: low Apgar score at delivery, seizures after delivery, low ph, abnormal MRI/CT, NICU placement, abnormal kidney function, prolonged labor, infection, prolonged rupture of membrane, abnormal labor pattern, abnormal fetal monitoring strips, bleeding, and need for Caesarean Section. Top

What should I look for in hiring an attorney in a birth injury case?

Birth injury cases require a tremendous amount of time and money. Furthermore, this is one the most complicated areas of medical negligence litigation requiring expert witnesses and in-depth investigation. For this reason it is extremely important that the client hire a law firm with adequate resources, both in terms of staff and finances.

Since 1936, the law firm has pledged its dedication and commitment to its clients. Our attorneys and staff are highly skilled in their handling of personal injury claims, and this includes birth injury cases. Please contact us for a free consultation concerning you or your loved one's case. Top

Is technology important to my case?

Technology is invaluable to the pace of modern society, and this proves no less true in the business of personal injury. The law offices of Keller and Keller uses a highly advanced case management system to track deadlines and to provide reminders, as well as document damages, witnesses, and valuable case data. Our staff is adept at researching the internet and making use of technologies to effectively investigate and validate your claim. Our use of mobile computers can carry images of massive numbers of documents and depositions that are available to us and our clients during those times we are called away from the office. During trial the laptop and digital projector can be used to present video depositions, exhibits and visual aides to assist the jury in understanding often complex and technical issues. Generally, the more complex the case and the more serious the damages, the more technology can be used to maximize the odds of your case prevailing over the insurance company's defense. When you hire the law offices of Keller and Keller, you are ensured that our firm has the necessary technology to present your case in the most effective way possible.

If you or a loved one has suffered the unfortunate pain of a birth injury, the law offices of Keller and Keller are available to you for a free, confidential consultation with an attorney from our firm who is experienced in handling personal injury claims. You can either contact us by phone at 1-800-2KELLER or through the use of our Free Case Evaluation submission form below.

Should you decide to retain our services after the initial consultation, we will work on a contingent fee basis. This means that our offices will only be paid for our services once we make a recovery on your behalf from the insurance company. Top