Birth Injury

Birth Injury Law: Types and Causes of Birth Injuries

Medical science and conditions have improved a lot, but still, you will come across several disabilities that are the result of a birth injury. There are several instances when a normal child is transformed into a disabled child just for one mistake of medical malpractice. The statistical data of United States alone is alarming enough to show to have an idea of the situation worldwide.

Know The Statistics

Over a thousand infants born in the United States, more than 6 to 8 of them are affected by birth injury which means that one out of 9,714 Americans is born with an injury. Breaking it further 28,000 per year are born with an injury which is 2,333 per month, 538 in a week, 76 per day and three infants per hour. According to the National Healthcare Quality Report or AHRQ 6.11 out of a thousand injuries occurred in public hospitals and out of which 5.53 out of thousand happened in hospitals that had less than a hundred beds and 5.45 in those with hundred to two hundred beds.

Epidemiology Of Birth Trauma

There have been 0.2 to 37 birth trauma cases per thousand births in the US in 2003 alone. The most common cases of trauma have been injuries to the scalp, to the skeleton and also fracture of the clavicle. Predictors of birth trauma include male gender, people living in wealthy and urban areas, instrument delivery, and complications during delivery which results in infant mortality and morbidity.

Read : Most Common Examples of Personal Injury Cases

There are several types of birth injuries, and the most common ones are cerebral Palsy, Brachial Plexus Palsy, caput succedaneum, intracranial hemorrhage, bone fractures, perinatal asphyxia, subconjunctival hemorrhage, cephalohematoma, facial paralysis and spinal cord injuries.

Causes Of Injuries

The causes of birth injuries can be many. One of the most common human causes is improper manipulation of the body of the baby during delivery. This can cause all kinds of injuries from bruising to broken bones and even caput succedaneum which is caused by vacuum extraction.
Improper medications given to the pregnant mother during or just before delivery can also cause birth injuries.

There may be monitoring issues during pregnancy to check the growth of the baby which may have resulted in overlooking any problem with the fetus which could have been overcome.
Human errors are more common during the birth of a child like unable to monitor the heart rate of the fetus. This may be called medical malpractice and damages can be claimed as per birth injury law from the person found to be negligent.

Filing A Lawsuit

There are several lawsuits filed for medical malpractice, not out of malice but in most of the cases out of need. There are several birth injury lawyers who can help you in this respect provided the statute of limitation allows it. The statute may vary from state to state, and you should check with the website for it.

Birth injury case can be a bit difficult as in many cases the injury does not show its effect until the child starts going to school. But when filed, the case can include not only the doctor but can also take the nurses, the anesthesiologist, the pharmaceutical company and even the entire hospital into account.

Reference links:
http://www.birthinjuryguide.org/birth-injury/statistics/
https://www.ncbi.nlm.nih.gov/pubmed/20415766

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