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“What is Birth Injury?”

Sad to say, the birth of a child isn’t always the joyous day we anticipate. Things do go wrong, sometimes due to poor medical practice, and the consequences can last a lifetime. Inattention or mistakes during labor and delivery may injure the baby, often by failure to provide oxygen when needed, or by rough handling with forceps and vacuum extractors. The results can include brain damage, broken bones, devastating maladies such as cerebral palsy, and other kinds of trauma.

“What is Cerebral Palsy?”

Cerebral Palsy is a brain injury caused by a lack of oxygen to the baby’s brain. There are many possible causes for this, and not all are the result of negligence, but common causes include failure of health care providers to respond properly to unexpected bleeding, umbilical cord entrapment or other signs of fetal distress during labor and delivery. This can result in permanent cognitive, speech, and motor defects. Although cerebral palsy is sometimes diagnosed shortly after birth, it often isn’t noticed until later, as a child fails to meet developmental milestones. Although incurable, cerebral palsy typically requires extensive (and expensive) therapy, often for life.

“What are possible signs that my child suffered damage from an inadequate supply of oxygen during labor and delivery?”

There are many indicators of fetal oxygen deprivation, but some of the most common include: a low Apgar score at delivery, seizures after delivery, low pH, an abnormal MRI/CT, abnormal kidney function, prolonged labor, infection, prolonged membrane rupture, an abnormal labor pattern, abnormal fetal monitoring strips, and bleeding. Any of these would be even more concerning if you had a Caesarean section or your baby was placed in a neonatal intensive care unit (NICU) after birth.

“Was my child’s birth injury caused by a prescription drug?”

When given to pregnant women, some prescription medications can lead to birth defects. If your child was born with birth defects and you were prescribed one of the following medications during pregnancy, please call The Markam Group to learn about your rights.

• Paroxetine (Paxil, Paxil Oral Suspension, and Paxil-CR)
• Prozac (fluoxetine)
• Elexa (citalopram)
• Fluvoxamine
• Lexapro (escitalopram)
• Symbyax (olanzapine and fluoxetine)
• Zoloft (sertraline)
• Accutane
• Psychostimulants such as Ritalin
• Antipsychotics such as Haldol

At the Markam Group, we carefully investigate possible links between birth defects and prescription medications, as these cases tend to be complicated. We generally need to show:

• The drug in question is capable of causing birth defects.
• The mother used the drug during pregnancy.
• The mother's use of the drug was prescribed by a physician, pharmacist or other health care provider
• The birth defect is not likely due to genetics, heredity, disease, or other factors.

“Why Should I Hire a Lawyer?”

Injuries at birth can change both your and your child’s lives forever. If those injuries were caused by negligent medical care, you may be entitled to compensation for the crushing expense of raising a child with mental or physical disabilities, as well as for your child’s pain and suffering. If your child’s injury is long-term, think of the costs ahead for assisted care, expensive medications, physical therapy and more. By holding negligent medical providers accountable, you also help prevent further such tragedies, saving other families from similar misery.

However, many states impose strict deadlines on the time in which you can bring a medical malpractice case, after which you may have no further opportunity. Even in states with longer deadlines, evidence disappears, witnesses move, memories fade and the ability to win your case may decline with time. Your child’s future quality of life may depend on your willingness to act now.

“What sort of lawyer should I hire?”

You’ll want an attorney experienced in complicated medical malpractice litigation, and a record of winning birth injury cases at trial, not merely settling out of court. The firm should have special medical knowledge and expertise in many medical areas, including obstetrics, pediatric neurology, maternal fetal medicine, pediatric neuroradiology and neonatology. Proving your case will generally require testimony from a relevant medical expert.

In birth injury cases, medical defendants and insurers often have very large amounts of money at stake, so don’t expect these to resolve quickly or easily. Your law firm should have adequate resources to fight a prolonged battle, including the ability to advance costs in order to hire the very best experts for your case. The cost of litigation can range from tens of thousands to hundreds of thousands of dollars.

“After filing a birth injury lawsuit, how long will it take to resolve?”

Most cases can be filed and brought to trial within two to three years or less, and very worthy claims are often settled much sooner, without trial. The wait for trial often depends on where your case is filed, as most courts are crowded with lawsuits. And, of course, complex cases take more time than simple ones.

For a free, professional evaluation of your case, please contact the experts at The Markam Group.

Phone: (509) 747-0902
Email: info@markamgrp.com