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Tampa Workers' Compensation Lawyer > Blog > General > Birth Injury Lawyer: Why Do I Need One?

Birth Injury Lawyer: Why Do I Need One?

birth injury lawyer

There is no feeling in the world like holding your baby for the first time. The softness of their skin, the smell of their hair, and the look of curiosity in their eyes are absolutely mesmerizing. Unfortunately, about 3% of all babies born in the US will suffer a birth injury, according to the CDC. Knowing this can cause your child’s delivery to be a bit more stressful.

During the birthing process, and even beforehand in some circumstances, injuries can cause either temporary or permanent damage to the newly born child, which can be difficult and frightening. Outside of any genetic abnormalities or pre-existing disorders, birth injuries are generally sustained during childbirth or slightly before. Doctors and midwives aren’t always perfect, but sometimes the mistakes during a delivery go from human to downright carelessness.

According to a 2015 study by CRICO Strategies, one-third of Obstetrics-related cases were directly related to the miscommunication between medical staff and mothers during labor. Now you may think, “what about the hours we spent working with a midwife/doctor staging out your birth plan — miscommunication should not be a factor.” Well, in an ideal world, it wouldn’t.

In many cases, it is not until the birthing process begins that unexpected complexities happen and unfortunate mistakes occur. We all do our best to plan ahead, but sometimes that is not possible. If things like your birthing plan or wishes for a tubal ligation after delivery are not appropriately communicated to your medical team, there is an elevated risk of birth injury. Some of the top ways in which miscommunication can occur:

37% miscommunication among providers re: patient’s condition 
16% poor documentation of clinical findings 
8% miscommunication due to language barrier 
8% inadequate informed consent

Sometimes the delivery itself isn’t executed correctly either. In this fast-moving environment, the wrong step by the medical team can completely change the scope of your childbirth. For example, if the baby is presenting in a position other than headfirst, their extremities could become damaged, as their bodies are more fragile. Excessive force during delivery when forceps or a vacuum are used may also cause trauma to bones. Some of the most common birth injuries are:

Brachial palsy
Facial paralysis
Subconjunctival hemorrhage
Peripheral nerve damage
Cranial nerve and spinal cord injury
Cerebral hemorrhage
Perinatal asphyxia

Although healing from these injuries can be complex, compensation can be found depending on the injury sustained. Most medical professionals will be aware of these potential complications; however, accidents happen, and delivery does not always go smoothly. When this occurs, the birth parents may receive compensation from the hospital to help offset or pay for the problems they caused. Navigating through a birth injury case is complicated. Having an expert birth injury lawyer is essential to help win your case and get the justice that both parent and child deserve. If you or someone you know has experienced such trouble and needs a solid lawyer to fight for and with them, please call the Franco Law Firm at (813) 872-0929.

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