Birth Injuries

Birth injuries are heart-breaking reminders that medical malpractice sometimes takes place during labor and delivery. Doctors, obstetricians, hospitals, nurses and anesthesiologists who make mistakes during labor and delivery harm mothers and children, as well as their entire families.

Hospitals carefully monitor the condition of the baby during labor and delivery with a fetal heart rate monitor, which shows the baby’s heart rate in relation to contractions or any other changes during labor. Many birth injuries involve the failure of the doctor or nurses to correctly read the information from the fetal heart rate monitor, the failure to notify the doctor or the failure to take action at the appropriate time. Unfortunately, these mistakes can cause serious heart ache for the families, as birth injuries usually lead to life-long problems that require a lifetime of therapy and medical care.

If you believe your child may have been injured during labor or delivery, call The Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376 to receive an immediate and confidential review of your case. We can't turn back the clock, but we can help make life better for your baby and family.

For more information regarding birth injuries, watch the following birth injury summation video featuring Dr. Fagel.

Problems During Labor and Delivery

Cerebral Palsy (CP)

Cerebral palsy, which can occur from a lack of oxygen to the brain of the baby during labor and/or after delivery, is one of the most severe birth injuries that can happen during the birth process. The baby gets oxygen through the umbilical cord during the nine months of pregnancy. If the umbilical cord is compressed during labor and/or delivery and the supply of oxygen is not sufficient, the baby’s brain can suffer permanent, often devastating, damage.

Cerebral palsy is the term used to describe a motor coordination problem that results from an injury to the part of the brain that controls voluntary muscle use and coordination. It is often associated with seizures and/or some degree of developmental delay. There are several different types of cerebral palsy, based on the area of brain affected and the severity of the injury.

Any kind of cerebral palsy, regardless of its type or severity, can have life-long consequences to the baby and the family. This calls for an immediate and careful investigation of the entire labor and delivery process to determine whether or not this birth injury could have been prevented. In many cases, evidence in the medical records shows significant problems and gives clear proof that the unfortunate outcome could have been prevented with responsible medical care.

If your child is suffering from developmental delay or a movement disorder, it is possible that a birth injury may have led to cerebral palsy. Call the Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376. Dr. Fagel is well known and respected by members of the legal and medical community for the many birth injury cases he has successfully handled.

Development Delay as a Result of Birth Injury

Any significant delay with a child achieving certain milestones in normal development such as walking, talking, etc., may be characterized as developmental delay. Such delays are often the result of some problems or complications during the delivery of the baby; although when a child reaches certain milestones and then regresses in development and loses certain abilities, the cause is usually some type of metabolic or inborn error of metabolism.

Many pediatricians will downplay and seek to reassure parents about any delay in a child reaching certain normal milestones, since some children may progress more slowly than others, but they eventually catch up. However, developmental delay is often the result of some degree of hypoxia or trauma to the brain during delivery, even if the baby appears to be healthy and normal in the hours after birth. Such children require detailed neurologic evaluation to determine the nature and extent of any brain injury, which can appear to be more subtle since early intervention with stimulation and therapy can improve the child’s overall brain function.

Brain injury during birth is usually the result of a restriction of oxygen or blood flow to the brain. Blood or oxygen flow to the baby during birth is critical and there is no room for error. With today's fetal heart rate monitors and highly sophisticated medical equipment, there is no reason for these injuries to occur.

If your child suffers from developmental delay that you think may have been caused by a birth injury, it is important that you contact a knowledgeable and experienced medical malpractice attorney who will thoroughly review the medical records and determine where and when the injury took place and who was at fault.

Dr. Bruce Fagel has represented hundreds of families whose loved ones have suffered birth injuries as the result of a doctor's or hospital's negligence. With his help, many of these families have won multi-million dollar awards so that their children can be cared for properly and receive the help they need. There are time limits, so we encourage you to contact California Medical Malpractice Lawyer Dr. Bruce Fagel as soon as possible to discuss your case.

Erb’s Palsy or Brachial Plexus Injury

If a baby’s head and/or neck are pulled too hard during labor or delivery, or if the head or neck is twisted or bent too far, damage to the sensitive nerves in the upper spine and neck, known as the brachial plexus, can lead to a condition known as Erb’s palsy. Erb’s palsy and brachial plexus paralysis, leads to paralysis, loss of muscle control or feeling in hands and arms, facial paralysis, an inability to sit up, crawl or use the arms or hands.

If an obstetrician is properly monitoring a pregnancy, the size and position of the baby should be known to the doctor and the medical team on hand. There are several common practices to prevent brachial plexus birth injuries. Rotating the baby while it is still in-utero or performing an episiotomy or a C-section are examples of methods used to prevent this injury from taking place.

If the delivery or labor has resulted in a child suffering from Erb’s palsy, contact the California Medical Malpractice Lawyers at the Law Offices of Dr. Bruce G. Fagel & Associates for a free and confidential legal review of your situation.

Pregnancy-Induced Hypertension (High Blood Pressure, Eclampsia)

High blood pressure, also known as hypertension, is a serious matter during pregnancy that can harm the mother and unborn child if left untreated. A woman experiencing high blood pressure during pregnancy is at risk of experiencing seizures, convulsions, coma, risking damage to the baby, abrupt separation of the placenta, and other high-risk factors. There is no way to prevent high blood pressure caused by pregnancy, but careful monitoring and appropriate response can prevent tragic outcomes.

If pregnancy-induced hypertension becomes significantly worse before the mother's due date, it can lead to bleeding disorders, seizures, and a condition known as eclampsia. This is a life-threatening condition that is the leading cause of death throughout the world for pregnant women and their unborn babies. In severe cases, pregnancy-induced hypertension may require an early delivery of the baby to save the life of the mother, even if the baby is premature.

If a woman and/or her infant have been harmed by eclampsia, the family should speak with a knowledgeable birth injury attorney to review the medical records. With today's medical technology, it is inexcusable for any hospital or doctor to fail to properly address and care for a pregnant woman with high blood pressure.

If you suffered a birth injury as the result of poorly treated pregnancy-induced hypertension, we invite you to call California medical malpractice attorney Dr. Bruce Fagel & Associates at (800) 541-9376 today.