Birth Injuries – Miami Medical Malpractice Lawyer: Sean M Cleary

Birth Injuries are Preventable and Are Considered Medical Negligence

Medical negligence can result in severe birth injuries that affect the child’s well-being and create a significant burden on their families.

According to the Centers for Disease Control and Prevention (CDC), out of every 1,000 babies born in the United States, 7 have a birth defect. Birth trauma causes death in 3 out of every 10,000 live births in the US.

The major cause of death is birth asphyxia leading to brain damage. While some defects are genetic and cannot be prevented, most defects are preventable.

Here is a list of avoidable conditions/birth injuries that often occur due to improper use of delivery instruments such as forceps and vacuum extractors, failure to monitor fetal distress, delayed Cesarean sections, and other lapses for which families can seek compensation include:

• Brain damage
• Cerebral palsy
• Hypoxic-ischemic encephalopathy (HIE)
• Hydrocephalus
• Periventricular leukomalacia (PVL)
• Infant meningitis
• Caput succedaneum
• Cephalohematoma
• Erb’s Palsy
• Intrauterine fetal demise (stillbirth)
• Intraventricular hemorrhage (IVH)
• Kernicterus
• Meconium aspiration syndrome (MAS)
• Shoulder dystocia
• Neonatal asphyxia
• Hypoxia
• Infections
• Umbilical cord compression
• Placental abruption

A Healthcare Cost and Utilization Project study found that nearly 157,700 avoidable birth injuries have occurred in a single year.

Causes of Birth Injuries

The healthcare professionals handling labor and delivery are trained for various situations arising during childbirth. Often, they need to make quick decisions to ensure the safety of the mother and baby.

Sometimes, these decisions may go wrong or are inadequate and might result in harm. Here are some potential factors that lead to birth trauma:

• Poor management of labor and delivery: Medical professionals should be knowledgeable about when to decide on a Cesarean section instead of a vaginal birth
• Poor monitoring of fetal heart rate

• Miscommunication about the care the mother and baby will receive during labor and delivery
• Inexperienced midwives

Statute of Limitations for Filing a Birth Injury Claim

You need to file your birth injury claim as soon as you feel that your child’s condition is a result of medical negligence. This is important because there is a statute of limitations applicable to birth injury cases, with a strict deadline to file claims. If we find that you are eligible to file a claim, a detailed investigation will be done and the following evidence will be collected:

• Medical records showing prenatal care, labor, and delivery
• Videos or photographs of your child’s birth injury
• Testimonies from specialist doctors
• Statements from those who were present during childbirth
• Records pertaining to ongoing treatment and costs

File Your Child’s Birth Injury Claim with The Law Offices of Sean M. Cleary

You will be eligible to file a claim if your child has developed an injury before, during, or shortly following birth. We will evaluate your documents to check whether you can file a claim. If you have a valid claim, we will perform a thorough case review and collect evidence to prove medical negligence. We will guide you through the legal process involved in filing a birth injury claim and help you receive financial compensation from the negligent party responsible for your child’s birth injury.