Of every 1,000 births in the United States, roughly 27 result in a birth injury. This adds up to thousands of birth injuries every year across the country. Many of these injuries are unavoidable. Unfortunately, many birth injuries are also preventable — a fact that has been proven again and again. Doctors, nurses, midwives, and other healthcare professionals sometimes make mistakes or act in a negligent or even reckless manner when they provide prenatal and perinatal care, including during the delivery of babies.
The Legal Rights of the Child and Family

The Kuvara Law Firm has handled many cases of birth injury, and we understand the trauma that a family experiences when the joyful event of a birth is marred by an injury. The sadness, anger, fear and sometimes guilt that can accompany a birth injury are just part of the challenge to do right by a child who has been injured during birth. The legal rights of both baby and family must be upheld.

Types of Birth Injuries

Birth injuries are defined as any kind of damage to a newborn's body before, during, or soon after his or her birth. A wide variety of injuries are possible, ranging from minor and temporary injuries to those severe enough to cause a baby's death. Some of the most common birth injuries include:

• skin irritations
• fractured bone(s)
• brain damage
• temporary paralysis
• Group B strep
• cerebral palsy
• Erb's palsy
• brachial plexus palsy

Causes of Birth Injuries

Although there are many "natural" circumstances under which an infant can be injured during the birth process (such as the umbilical cord wrapping around the baby, or a breech delivery), there are many ways that medical staff can make a mistake while delivering a child, including (but not limited to):

• failure to identify and treat conditions such as maternal and fetal infections, Rh incompatibility, and maternal diabetes
• improper birthing techniques
• failure to respond appropriately to delivery complications
• delegation of important procedures to inexperienced junior staff
• a delay in performing a necessary cesarean-section delivery
• use of excessive force during the delivery
• a miscalculation in the size of the baby, causing a traumatic delivery
• the application of undue force during the delivery
• mishandling of the baby's delicate skull
• the deprivation of oxygen

If your baby suffered a birth injury and you suspect that the injury was caused by medical negligence, you should contact the Kuvara Law Firm to discuss your case. Even if the extent of the injury or damage is not yet known, it's best to begin an investigation as soon as possible. For example, the medical records of the mother's and baby's care before, during, and after birth injuries are crucial, and these need to be examined right away.
Resistance from the Healthcare Industry

Any time that there is an injury associated with a birth, the medical staff who attended the birth (e.g., the physicians, nurses, anesthesiologist, midwife) will most likely be meeting with their lawyers to prepare a defense. It is often not easy to prove medical negligence or malpractice, and most hospitals and clinics try to avoid the cost of compensating the families of infants who have suffered a birth injury.

An Attorney Can Help

Contact the Kuvara Law Firm today for help from a compassionate, experienced birth injury attorney. We look forward to helping you through this difficult time.