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Seek Counsel for Birth-related Brain Injury

Kingston Personal Injury Attorney

Other than the death of a child, few events in life can be as devastating as discovering that your newborn baby has a debilitating and permanent brain injury from birth. Because medical liability cases have short time limits, immediately contacting an attorney who is experienced and skilled in dealing with traumatic birth-related brain injuries is essential.

There are numerous causes of birth injuries, including genetic factors, and many devastated parents might accept the explanations of a nurse or physician that there may be no answer to what occurred. In many cases, however, there are resources that may explain what happened and why it was preventable.

Some birth injuries are the result of oxygen deprivation or changes in the heart rate that go undetected. Babies that present poor skin tone or color, poor reflexes, seizures or a low or abnormal level of consciousness suggest that something may have happened during delivery or labor.

A neuroradiologist may be the key to uncovering what might have gone wrong during the delivery. A neuroradiologist is a physician specifically trained in radiology and in studies relating to the brain and spinal cord, as well as in interpreting neuroimaging studies to time brain injuries. The neuroradiologist can review the pattern of a birth brain injury and see how it changed over time.

Fetal strips are commonly used during labor and delivery to monitor the baby’s heart rate. Well-trained nurses and physicians use the fetal strips to monitor the baby during labor and focus on patterns and changes in the heart rate. Oxygen deprivation can be detected by changes in the heart rate. An elevated heart rate can mean infection or lack of oxygen.

Physicians, nurses and hospitals are held to certain standards of competence. The exercise of a physician’s clinical judgment in treating and diagnosing a patient is determined by what a similar physician under similar circumstances would have done given a similar set of facts and circumstances. Hospitals are responsible for the actions of its employees. A failure to detect, monitor or to diagnose a troubled delivery or labor may be grounds for legal action.

The family of a birth-related brain injured child may be able to recover compensation for the hospital costs, long-term treatment and emotional suffering, as well as for any permanent disability suffered by the child. Consulting with a medical malpractice attorney will help to ensure you that you have explored all your legal options.