Birth Trauma - Cerebral Palsy Injury Compensation Claim Lawyers

LAWYER HELPLINE: ☎ 855 804 7142


Birth trauma is any type of injury sustained to the infant because of an incompatibility between the infant head and pelvis or because of the use of instrumentation in order to deliver the baby. Pre-term infants are more likely to sustain birth trauma because of their small size and delicate bony structures. This is why many pre-term infants are delivered by cesarean section in order to avoid the trauma of going through the birth canal.

A cerebral palsy lawyer is a specialist personal injury advocate with expertise in medical malpractice compensation claims for cerebral palsy victims and their families. Most cases of cerebral palsy are not as a result of errors caused by healthcare professionals and it is a cerebral palsy lawyer’s job to distinguish between those cases that occur naturally and the 10% of cases that are the result of clinical negligence. Our cerebral palsy lawyers offer a wealth of experience and give free advice with no further obligation on liability and the potential value of a claim. Payment for services is based on a contingency fee basis which means that we get paid when you get paid. If the case is lost there is nothing whatsoever to pay. There are time limits in all personal injury compensation claims and failure to take legal action within the limitation period can mean that the opportunity to claim compensation is lost forever. If you have the slightest suspicion that your child’s condition has been caused by medical malpractice you should take legal advice from a cerebral palsy compensation claim lawyer as soon as your child’s diagnosis is confirmed by a doctor.

Birth trauma to the infant can be minor or severe. Examples of minor birth trauma include the presence of a cephalhematoma, which is a blood clot that occurs between the outer layer of the bone and the inner layer of the bone or between the scalp and the bony surface of the skull. This often resolves itself within a few months but sometimes leaves a lasting lump on the surface of the skull. Cephalhematomas are often a result of improper use of a vacuum extractor, which is a device that uses suction on the fetal head to bring the skull through the birth canal in difficult deliveries.

The vacuum extractor is usually a safe instrument for doctors to use. It rarely leads to cerebral palsy or internal bleeding; however, it can cause internal bleeding if it pulls a too-big skull through a too-small pelvis and causes bleeding in the brain. Any type of bleeding within the fetal brain can result in cerebral palsy or motor problems associated with fetal brain damage.

Forceps is another common cause of birth trauma. Forceps involve a rigid device that fits over the infant skull and pulls the infant through the birth canal. It can be placed incorrectly and cause the skull to fracture or can cause multiple contusions or lacerations of the face or scalp. When properly placed, a forceps delivery can be easy to accomplish and can help avoid a cesarean section. The problem comes because few doctors perform forceps births any more so that when it is finally done, the chances of doing it improperly are high. Forceps deliveries are fortunately quite uncommon.

Birth trauma can happen with shoulder dystocia, when the shoulders are too tight to fit within the birth canal. Stuck shoulders can lead to fetal hypoxia and resultant cerebral palsy because the rest of the baby doesn’t come out with the head as easily. Sometimes the doctor needs to fracture the infant’s clavicles in order to get the shoulders out of the birth canal. The biggest risk for cerebral palsy with shoulder dystocia is when there is a long lag time between the delivery of the head and the delivery of the rest of the baby. The umbilical cord can become trapped within the birth canal and circulation to the infant is cut off.

A breech delivery can result in birth trauma. Breech deliveries happen whenever the head is not the presenting part of the infant and the feet or the bottom of the baby is instead the first part to exit the birth canal. The problem occurs because the head is the last part to leave the birth canal and it is often the biggest part of the infant. It can get stuck for a longer than acceptable period of time and can result in fetal hypoxia. This fetal hypoxia can subsequently lead to infant brain damage and cerebral palsy.

Birth trauma can be avoided by knowing that the presentation is wrong or that the fetal head is too big. Doctors can then do a cesarean section which avoids the possibility of fetal hypoxia or anoxia and can avoid cases of birth trauma that cause cerebral palsy.

LAWYER HELPLINE: ☎ 855 804 7142