What To Do When Medical Negligence Leads To a Birth Injury

If your child has suffered from a birth injury, it is important to contact an attorney that specializes in medical malpractice as soon as possible.

When Sandra Katada’s daughter, Alexandra, was born, the force that the doctor used to pull her free left Alexandra partially paralyzed. Spinal nerves were destroyed, her elbow was broken and pulled out of the socket. For the family the tragedy only got worse. Because the spinal nerves that were destroyed were responsible for stimulating rib cage growth, Alexandra’s ribs were unable to expand as the rest of her body grew. Several months after she was born, Alexandra died on Valentine’s day in 1994. She suffocated to death as the result of her birth injuries at eight months old.

The Katada family settled their birth injury lawsuit against the doctor who performed the birth for one million dollars, the insurance policy’s limit.

An investigation discovered that Alexandra was not the only baby that died under the care of that doctor. In fact, in three years two other babies had died in his care and after Alexandra died, another baby died as well. One family was unable to even pursue any legal justice following the death of their baby because they were unable to determine the cause of their child’s injuries and death before the statute of limitations in Texas ran out.

Birth injuries are incredibly difficult for families to deal with and the death of a child is unthinkable. When that death could have been prevented by a doctor’s actions or if the doctor’s actions directly lead to the child’s death, it is unacceptable. If a child dies from a birth injury, the case becomes a wrongful death suit.

As any woman who have given birth knows, not every birth goes exactly as planned. It is not at all uncommon for circumstances that deviate from what is expected to occur. Doctors have to deal with these situations too and adapt to them. Yet even when a situation is unexpected, there is still a standard of care that must be met as a doctor manages a woman’s pregnancy and labor. It is important to have a doctor who you are comfortable with and can trust to handle whatever situation may arise. But even good doctors can make mistakes and when these mistakes result in an injury to your child it can be truly devastating.

Common birth injuries include brachial plexus injuries, bone fractures, cephalohematoma, caput succedaneum, perinatal asphyxia, intracranial hemorrhage, subconjunctival hemorrhage, facial paralysis, spinal cord injuries, and cerebral palsy. Some of these are more serious and others. Spinal cord injuries are usually the most severe kind of birth injury. Fractures, caput succedaneum (swelling and bruising of the scalp), and cephalohematoma are not life-threatening and will usually heal without complication. But cerebral palsy, hemorrhages, facial paralysis and brachial plexus injuries can be serious and life-changing.

St. Louis Birth Injury Lawyer

If your child has suffered from a birth injury, it is important to contact an attorney that specializes in medical malpractice as soon as possible. Your attorney can help you to file a birth injury lawsuit and either accept a fair settlement from the insurance company or take your case to trial.

If you or a loved one have suffered as a result of a medical error, call the Zevan and Davidson Law Firm at (314) 588-7200.  We will evaluate your case for free and determine what the best course of action will be moving forward.

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