Accident Injury Lawyers suffering from birth injuries that are preventable are faced with astronomical medical expenses, challenging therapies, and permanent disabilities. Medical malpractice claims can alleviate financial burdens and also provide justice.
In order to win a case, attorneys must prove that the doctors or hospitals violated accepted standards of care during the labor and delivery. This is usually accomplished by a thorough review of medical documents and expert witness testimony.
Cerebral Palsy
Cerebral Palsy is permanent motor impairment caused by injuries to the embryonic central nervous system that happen in utero, during delivery (perinatal) or in early infancy. It affects a broad range of body movements and can be mild, moderate or severe in severity. The symptoms may vary according to age, however the condition is not progressive.
It isn't a medical condition that can be evaluated unlike other conditions. A thorough and comprehensive evaluation will help medical professionals determine if a child's condition is caused by cerebral palsy. This includes a thorough neurological and mobility evaluation.
The tests will assess the child's muscles, posture, balance, reflexes, ability to move, and other aspects that affect a child's mobility. Musculoskeletal exams can reveal hip dislocations, scoliosis and contractures. A speech and language assessment will also show the child's development in terms of intellectual ability and their ability to produce speech sounds.
Neuroimaging, a type of imaging that permits doctors to see the brain in more detail is commonly used for diagnosing Cerebral Palsy. It is a noninvasive method to assess the extent of brain injury. However, it doesn't permit doctors to predict the impact of the injury on the child's symptoms.
In certain instances, a diagnosis of cerebral palsy cannot be made until a child is a few years old, since symptoms may fluctuate throughout this time. The classification of a disorder according to severity, topographical location, and muscle tone can be helpful in determining the degree of impairment and the impact it has on treatment.
Physical and occupational therapy are the most effective treatments for Cerebral Palsy. These therapies can improve a child's mobility and reduce the chance of developing joint deformities such as scoliosis. Speech therapy and adaptive equipment may assist the child with their daily activities and allow them to interact more effectively with family and others. Based on the specific circumstances of the child's condition there are a variety of types of financial assistance available. There are also charities and foundations that can help ease the burden of paying for treatment and care.
Brachial Plexus Injuries
A brachial plexus injury is the result of an injury to the five nerves that branch off from the spinal cord in the neck. They transmit signals from the spinal cord to the shoulder, arm and hand. The brachial plexus is located on both sides of the body. Some infants with brachial plexus injuries will recover without treatment, but the majority will benefit from occupational and physical therapy. A smaller proportion of infants may require surgery to get satisfactory results.
A doctor can diagnose a baby with brachial plexus injuries based on the medical history and physical examination. Doctors can also request special imaging tests, such as an MRI or a CT scan or nerve conduction studies however, these tests are not as accurate in infants. Doctors can also assess the strength and mobility of the muscles of children's arms by performing mild range of motion exercises, which helps them track recovery over time.
The symptoms of brachial plexus injuries can vary based on the severity of the injury and the nerves that have been affected. The signs include a weak arm and reduced muscle movement and decreased sensation in the hand. Often the symptoms affect one side of the body, but often both sides are equally affected.
The most frequently cited cause is Neonatal Brachial Palsy (NBPP) however it can also be caused by other causes. Brachial plexus injuries are more prevalent in large babies, those who are born in a breech position, or those who must be pulled during delivery. This kind of injury is also common for athletes who participate in contact sports, like football, and also from blunt trauma.
NBPP is an illness that can be diagnosed early on, usually within six weeks of birth. The majority of children will heal without intervention, but those who don't improve in a month's time need to be evaluated by a team of experts. The teams typically consist up of an orthopedist for children, a physiatrist and a physical therapist.
Erb's Palsy
The brachial plexus (pronounced brake-ee-al) is a set of nerves that run from the spinal chord to the shoulder, then down the arm into the hand. If this nerve system becomes injured during delivery, it could cause weakness or paralysis in the affected arm. The most common type of this injury is Erb's palsy. It is caused by significant stretching or tearing of the upper brachial nerves during the labor and birth.
A physician can diagnose Erb palsy through a physical exam of the baby's hand. The doctor will look for a lack of movement in the affected arm, a sluggish wrist, and a deficiency of Moro reflex (the infant's involuntary reaction to a lack of head support). The health care professional may also recommend an imaging test, like an X-ray or ultrasound or a nerve test, such as an electromyogram, or a nerve conduction study.
In many cases, Erb's paralysis is caused by an inexperienced clinician applying excessive lateral traction to the infant during a forceps birth. This kind of traction could be lessened by having the second stage of labor be shorter or placing the mother on her back for part of the delivery. If the mother is delivered via C-section doctors can decrease the risk of injury.
Other brachial plexus injury is possible in addition to Erb's Palsy. Klumpke Palsy is the more severe type of this condition, that is characterized by damage to the lower brachial nerves. This type of injury is usually called a "waiter's tip" position because the limb is hung by the side and is rotated medially, pronated, flexed and extended at the wrist.
If your child is diagnosed with any of these conditions, it is important to consult a medical malpractice attorney right away. Beth has over 18 years of experience in the field of birth and labor, and she can help determine if the doctor who treated your child has committed negligence that could have led to these preventable injuries.
Hypoxic Ischemic Encephalopathy
Hypoxic Ischemic Encephalopathy (HIE) Also known as hypoxic brain damage, occurs when a birth issue decreases the oxygen and blood supply to the newborn. HIE is a serious disorder that can lead to permanent, severe brain damage. HIE's effects may be either severe or mild, and usually begin within a few weeks of birth. HIE is one of the conditions that fall into the larger category of birth-related injuries known as neonatal encephalopathy (NE).
An infant can develop HIE due to complications during the labor and birth process, such as excessive bleeding in the mother's blood vessels or a breech birth an extended labor and delivery, or a forceps delivery. A baby's low birth weight could be the cause of HIE.
To determine if a child has HIE, doctors will evaluate the infant's APGAR score and look for signs of a neurological impairment. A low APGAR score may indicate the need for immediate medical intervention. Doctors may also use tests on blood to determine the level of acid in the umbilical cord which could indicate that a baby suffers from an oxygen deficiency or decreased blood flow to the brain.
If the child is suspected to have HIE doctors often attempt to treat it with a treatment known as therapeutic hypothermia. In this procedure the child is swaddled in a cooling blanket and given medicine to aid in getting sleep. During the cooling process, doctors check the infant's heart rate and breathing, body temperature and brain activity.
After the baby is fully re-warmed, a magnetic resonance image (MRI) will be performed. MRIs are best for identifying HIE and its pattern of injury. The results of an MRI can sometimes show the time frame of injury, which is helpful in determining whether the child's symptoms are due to HIE.
After a HIE diagnosis, babies will need to be monitored closely for the rest their lives. They'll visit a neonatologist as well as a neurologist, and they may receive physical, speech and occupational therapy to help them deal with their symptoms. The aim is to help these kids achieve their full potential and make as healthy as possible.