Compensation for Birth Injuries-What You Should Know

in cerebral palsy
Giving birth to a child is a momentous occasion for the mother and the child. However, sometimes this joyous occasion is spoiled by the negligence of medical health professionals who fail to provide a reasonable degree of care to the mother and child. A birth injury may severely affect the quality of life of the infant; the emotional trauma suffered by the child and family cannot even be quantified.

Some of the common birth-related injuries are discussed below:

Cerebral palsy

cerebral palsy in infants is caused by negligence at the time of birth. The symptoms usually show up when the baby is around three years of age, but may appear within three months of birth. Babies with cerebral palsy exhibit a wide range of disabilities including learning difficulties, hearing or speech difficulties, behavior problems and many others. Cerebral palsy is caused by the following factors:
• Maternal high blood pressure leading to infant brain injury
• Baby being deprived of life-sustaining oxygen at the time of birth
• Underdevelopment of the baby's brain during pregnancy

Erbs palsy

Caused by dystocia (stuck shoulders), this can be easily identified at pregnancy and steps should be taken to avoid injury to the baby as well as the mother. This generally happens when the baby is bigger than usual and is impacted while coming out. Sometimes such an impact damages the nerves around the neck causing paralysis and lack of muscle control in the arms, hands and wrists. This can cause a loss of sensation.

Hip Dysplasia

This condition of the hip, if left untreated, can cause dislocation. There are several risk factors, including a family history of hip problems, breech presentation, foot deformities and others. Diagnosis involves regular checks at the neo-natal stage and then at six to eight weeks. Diagnosis is important at an early stage. However, if it is not diagnosed in time, surgery becomes essential. Claims arise when it can be proved that there was negligence while diagnosing or if proper care is not provided to the baby.
Other injuries include injury to the mother and scarring or nerve damage during assisted delivery. Negligence at childbirth can also cause stillbirth.

Making a claim

Birth trauma can affect quality of life adversely. The emotional trauma that the family has to go through cannot be quantified. This is when the cerebral palsy lawyer comes in. His superior knowledge helps in finding the guilty party and determining the compensation amount.

Birth injury compensation

Any award consists of two elements: general damages and special damages. General damages provide compensation for pain, suffering and loss of amenity. General damages cannot be quantified and the compensation amount depends upon the merits of the case. Generally, judges refer to previous cases when deciding the compensation amount.
Specific damages are quantifiable. They seek to compensate the quantifiable: extra medical costs, loss of earnings, domestic costs, and so forth. The purpose of this damage award is to negate the effect of the accident so that the plaintiff can continue as before.
There is a strict time limit for filing the claim. Therefore, the plaintiff should consult a lawyer before filing for a claim. At Rasansky Law Firm we have experienced Dallas birth injury lawyers who can help you make a claim, contact us today and we will evaluate your case for free.