Practice Areas
Birth Injuries
While childbirth is such a normal part of life, unfortunately birth injuries can and do occur. Many of these birth injuries are not the result of medical malpractice. Nevertheless, if you, or a loved one, has experienced the trauma associated with a birth injury, it is comforting to investigate whether medical malpractice was the cause. At Shevlin Smith, we have vast experience investigating birth injuries and helping families recover compensation when those injuries are caused by medical malpractice or negligence.
Frequent Medical Complications That Can Lead To Birth Injuries
Medical malpractice most commonly occurs when the doctor, nurse or midwife managing a pregnancy fails to anticipate or recognize complications that a mother or her fetus develop during pregnancy or delivery. These complications include the following: (1) a large baby usually defined as having birth weight over 4,000 grams or 8 pounds, 13 ounces; (2) a premature birth, which is usually defined as a birth before 37 weeks; (3) premature rupture of the mother’s membranes; (4) cephalopelvic disportion, which means the size and shape of the mother’s pelvis is not
adequate for the baby to be born vaginally; (5) prolonged labor by mother; (6) shoulder dystocia, which refers to the interruption of a spontaneous delivery due to the baby's shoulder becoming wedged behind the mother's pubis, usually because the baby being too big to fit through the birth canal; (7) abnormal birth presentation; and (8) umbilical cord entrapment or fetal distress.
Common Birth Injuries
Some of the more common birth injuries include the following:
· Brain injury – A fetus’ brain depends upon oxygen supplied to develop and survive. When the oxygen supply to the fetus is diminished or stopped, brain injury to the fetus can occur. This can result in cerebral palsy, a seizure disorder, and/or developmental delays.
· Fractured bones – The clavicle or collarbone is the most common type of fracture during the labor and delivery process. It usually occurs when there is difficulty delivering the baby due to the baby’s position.
· Brachial Palsy Injuries (including Erb’s Palsy and Klumpke’s Palsy) – Brachial palsy refers to an injury to the group of nerves of the arms and hands, known as the brachial plexus. Injury to this group of nerves occurs most commonly when there is difficulty delivering the baby’s shoulder, a condition known as shoulder dystocia).
· Cephalohematoma – This condition involves bleeding between the bone and its fibrous covering, usually referring to the baby’s head.
· Caput Succedaneum – This condition involves severe swelling of the soft tissue of the baby’s scalp that develops most commonly from either trauma from traveling through the birth canal or the use of vacuum extracation.
When Is A Birth Injury Due To Medical Malpractice?
If, in fact, not all birth injuries result from medical malpractice, this logical question arises: how can you determine whether medical malpractice is the cause? The answer usually lies in the medical records of the mother and baby. From those records, an experienced attorney can determine such issues as:
· whether complications were anticipated or recognized during the management of the mother’s pregnancy, labor, and delivery;
· whether the baby’s heart rate was monitored properly and whether fetal distress was timely recognized;
· whether a caesarean section was a proper method of delivery;
· whether forceps or vacuum extractor were used properly during delivery; and,
· whether there was an appropriate response to the mother’s bleeding or rupture of membranes.
As our case results section demonstrates, in the last twenty years Shevlin Smith has had tremendous success handling birth injuries claims. We are trained to recognize medical malpractice birth injuries. We can be trusted to represent you successfully.
Call To Action
So what can you do now if you believe that your child or you were the victim of medical malpractice? First, you must find out what happened. For that, you will need help. You will need a lawyer who has many years of experience with birth injury cases – and an excellent track record of winning them. A lawyer with access to experts who will be able to unravel what exactly happened and who was at fault. If it was indeed the doctor’s fault, or the fault of another health care provider or even the hospital, you will need a lawyer who will be able to build a convincing case.
Where can you find such a lawyer? If you live in Virginia, especially Northern Virginia, or if you live in Washington, DC, you will find such lawyers at Shevlin Smith. The attorneys at Shevlin Smith have extensive experience with birth injury cases, and such experience is absolutely crucial because birth injury cases are complicated.
Call or email us for a free consultation.
Case Results for Birth Injuries:
- $5 Million Settlement For Infant Who Suffered Severe Brain Injury Due To Delay In Performing C-Section
- Virginia Supreme Court Upholds $3.3 Million Award and Settlement To Mother and Son for Birth Injuries
- Cerebral palsy due to placental insufficiency--cap settlement
Awarded: $5,000,000.00
Awarded: $3,300,000.00
Awarded: $1,000,000.00
Web Resources for Birth Injuries:
- National Institute of Child Health and Human Development
Description: The National Institute of Child Health and Human Development (NICHHD) was initially established to investigate broad aspects of human development as a means of understanding developmental disabilities, including mental retardation, and the events that occur during pregnancy. Today, it conducts and supports research on all stages of human development, from preconception to adulthood, to better understand the health of children, adults, families, and communities. Its mission is to ensure that every person is born healthy and wanted, that women suffer no harmful effects from reproductive processes, and that all children have the chance to achieve their full potential for healthy and productive lives. Its website is a robust resource for research and data on issues relating to pregnancy, childbirth and child development.
- Cerebral Palsy Information
Description: An overview of health and legal issues relating to cerebral palsy
- Center for Disease Control
Description: Birth injury information by the Center for Disease Control
- Well Child Care in the U.S.
- Brachial Plexus Injury Information from National Institute of Health
Description: An overview of health issues relating to brachial plexus injuries
Fairfax birth injury lawyer,
Northern Virginia cerebral palsy lawyer,
Fairfax erbs palsy lawyer,
Northern Virginia gestational diabetes lawyer,
Let Us Help You
Shevlin Smith
3975 University Drive
Suite 405
Fairfax, VA 22030
Phone: (703) 591-0067
Fax: (703) 591-1877
Get Directions