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Birth Injuries / Cerebral Palsy / Erbs Palsy

These cases are devastating. They involve brain or physical injury to an infant that occurs during the delivery process. Unfortunately, these injuries are sometimes the result of medical mistakes made during the delivery of a baby. Birth injuries can, and should be prevented. When they occur, birth injuries may be a direct result of medical malpractice. The cost to a family for birth injury medical malpractice is immeasurable. While it is impossible to place a price on a birth injury, the costs for caring for a birth injured child during the course of a lifetime may easily run into the millions of dollars.

Types of birth injuries that may be caused by medical malpractice include Cerebral Palsy, Erbs Palsy, prenatal stroke and brain damage.

Cerebral Palsy

Cerebral Palsy manifests itself in a variety of neurological disorders that involve the area of the brain that controls muscle coordination and movement. Common causes of Cerebral Palsy that may be linked to medical malpractice include decreased oxygen to the brain as a result of fetal distress, umbilical cord entrapment or meconium aspiration.

Erbs Palsy

Cerebral Palsy manifests itself in a variety of neurological disorders that involve the area of the brain that controls muscle coordination and movement. Common causes of Cerebral Palsy that may be linked to medical malpractice include decreased oxygen to the brain as a result of fetal distress, umbilical cord entrapment or meconium aspiration.

Examples of Medical Malpractice Causing Birth Injuries

Typical examples of medical mistakes that lead to birth injuries include:

  • Failing to attach enough significance to signs and symptoms of fetal distress. 
  • Failing to recognize the need to perform a Caesarean section.
  • Failing to recognize or detect an umbilical cord wrapped arpound a baby’s neck.
  • Failing to take steps to avoid a premature delivery.
  • Failing to act appropriately upon signs of oxygen deprivation to the fetus.

Statues of Limitations

The time available to bring claims on behalf of a birth injured child extends to the time the child becomes a legal adult. At that time, the statute of limitations will begin to run. Due to spoliation of evidence, disappearing witnesses, and changes made over time, it is always best never to delay if you intend to pursue a legal claim.

Davant & Associates also accepts cases where a breach of contract has occurred and a party suffers the consequences of having invested valuable time money and materials into a project. Not all injuries are physical and the price of having invested time and money can take a serious toll on an individual or company when a structure has design or construction defects.

Other types of property damage may be related to defective materials purchased by a builder or home owner. In recent years such cases have involved such materials as defective dry wall, siding, aluminum siding and other substandard components leading to class action lawsuits.

The Right Lawyer for You Davant & Associates will seek as much financial relief as possible for families, and children who are victims of medical mistakes leading to birth injuries. We will have your case reviewed as quickly as possible, and let you know whether we believe you have a case worth pursuing, usually within days of obtaining relevant medical records. In the event that we agree to take your case, we will retain experts to issue written opinions before we initiate a lawsuit, and to testify if necessary. Please contact Davant & Associates for a no obligation free case evaluation.

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412-519-2274
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