Birth Injuries

One of the saddest occurrences imaginable is a child born with a birth defect. The defect may or may not be a birth injury, which is a defect at least partially caused by the negligence of healthcare workers which may occur at any point – during the pregnancy, during the delivery, or after the birth – may have come about as the result of:

• a doctor prescribing the wrong dosage of a drug
• a hospital failing to properly hire and train staff
• a drug company negligent in the research and manufacture of a drug given to the mother
• a defective medical device used during the birthing process
• doctors and nurses failing to properly recognize and address warning symptoms during labor and delivery

Common types of birth defects include:

• brachial plexus dysfunction
• cerebral hypoxia (oxygen deprivation)
• cerebral palsy
• cleft lip or cleft palate
• congenital heart problem
• Erb’s palsy
• mental retardation
• spina bifida

Many of these injuries are preventable if proper medical attention, care, and treatment are provided to the mother and the child during pregnancy and after delivery. As legal professionals experienced in handling medical malpractice cases, we know that doctors and other medical professionals must consider a pregnant patient’s prior medical history, staying alert for early warning signs of birth complications. If it can be shown that the level of care fell below standard, parents may be able to recover damages from the medical practitioner who was responsible and/or from the institution where the negligent care occurred.

Caring for a child with a birth defect can negatively impact the physical and mental health of parents and caregivers. Many parents and siblings experience significant depression, fear and anxiety, creating a necessity for treatment in addition to the needs of the child.

For more than forty years, helping parents gain the means to cover the lifetime care of children who suffered life-changing injuries during birth has been an important part of our mission at Ramey & Hailey Law.