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Birth Defects

If your baby was born with a birth defect, it may be the result of medical malpractice during pregnancy or labor and delivery. You have valuable legal rights and are urged to contact Mark & Associates, P.C. today for a free legal consultation. Please fill out the form at the left or call 1-866-507-4448 today.

When women are in labor, they place their trust in the doctors and nurses. Healthcare providers are trained to assess all situations of pregnancy and labor and to make decisions so that babies are born healthy. Parents of children with birth defects know that this is not always the case. Some birth defects which can be caused by errors during pregnancy, labor and delivery include:

Cerebral Palsy

This group of movement disorders can be caused by lack of oxygen to the fetus or baby during pregnancy, labor and delivery. Children and adults with Cerebral Palsy can have problems moving and performing simple tasks. They may have abnormalities in muscle tone, joints, bones, posture, balance, reflexes, coordination and motor development. Victims often have spasms and involuntary movements. There is no cure for Cerebral Palsy, and those with the disorder usually have a lifetime of therapy and may require surgeries.

Erb’s Palsy / Erb-Duchenne Palsy / Klumke’s Palsy / Brachial Plexus Paralysis

Erb’s Palsy is an injury to the brachial plexus group of nerves and is caused by shoulder dystocia, or the baby getting stuck behind the mother’s pelvic bone. In some cases the baby’s head and neck are pulled excessively. Erb’s Palsy can be prevented by fetal growth scans to predict the baby’s size and proper monitoring during labor and delivery to determine if a c section is safer. Risk factors must be properly assessed including gestational diabetes, previous high birth weight babies, maternal size, post due date pregnancies, etc. During delivery, rotating the baby or performing episiotomies may help lessen the injury. People with a brachial plexus injury have varying degrees of paralysis in the shoulder, arm, hand and wrist.

Causes of birth defects can include:

  • Large baby (macrosomic) / small pelvis – baby becomes stuck and should have been delivered via caesarian section (c-section) rather than vaginally.
  • Failure to perform c-section when it becomes evident that a vaginal delivery is too risky.
  • Failure to diagnose medical condition such as preeclampsia or gestational diabetes, which can lead to premature birth, complications and birth defects.
  • Failure to recognize that the umbilical cord is tangled around the baby or wrapped around its neck (prolapsed cord).
  • Failure to prevent and diagnose infections.
  • Failure to recognize irregular fetal or maternal heartbeat.
  • Failure to recognize placental abnormalities such as placenta previa and placental abruption.
  • Improperly administered spinal or epidural.
  • Excessive force to deliver the baby such as forceful use of forceps and vacuum.
  • Failing to provide proper medical attention and assessment to the newborn in a timely manner following delivery.
  • Failure to inform pregnant women about teratogens such as certain dangerous medications.

If your child was born with a birth defect that you believe was caused by a medical mistake or malpractice, you have valuable legal rights and are urged to contact Mark & Associates, P.C. today for a free legal consultation. Please fill out the form at the left or call 1-866-507-4448 today. Our lawyers have worked with many families raising children with birth defects and understand the unique emotional and financial challenges they face.