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Birth Injuries

What Is A Birth Injury Lawyer?

  Alan Fuchsberg  |  July 22, 2020  |  

Contributor(s): Christopher Nyberg, Esq.

As the father of a 4-year-old son, with another son on the way, I know the thrill, the fear of the unknown (even witnessing the birth of my first child has not eliminated this), the anticipation, the hope, and the joy that comes with having a child. The old cliché, “I do not care about the gender, I just want the baby to be healthy,” is a cliché for a reason, and that is because they fear that something could go wrong, and the joy when you get to hold the healthy baby in your arms, are so important and critical; there is nothing more important in the world.

But sometimes the unimaginable happens and your child is born with severe injuries, or worse, the child is stillborn. Sometimes the situation was unavoidable and unpredictable. However, there are times that there were warning signs and red flags that went off that could have and should have warned medical providers that something was not right, that mother and baby needed to be closely monitored, and/or that the baby needed to be delivered.

Usually, medical providers are thoughtful, thorough, and caring; they do their job and catch these problems before they occur. Unfortunately, there are too many times when medical providers miss or ignore these red flags. Sometimes, rather than ordering one more test or additional observation, they just send the mother home. Sometimes, despite the fact that the mother is 4 cm dilated, has several high-risk factors, and has test results that are abnormal (though they say not severe enough to warrant admission) they send the mother home just so she can come back a few hours later. Sometimes the fetal monitoring strips are sending warning signs that the baby is starting to lose his/her oxygen reserves and needs to be born as soon as possible, and the providers just operate on autopilot and do not take any action. Sometimes, the mother’s signs and symptoms signal she is developing a life-threatening condition like severe pre-eclampsia, HELLP Syndrome, or placenta previa, but is not timely and appropriately treated. Sometimes, a condition like fetal growth restriction or gestational diabetes needs to be properly diagnosed, managed, and monitored, and it is not. Sometimes, a condition like placental abruption or uterine rupture, which can be life-threatening for both mother and baby, is not quickly diagnosed and acted upon, and the worst happens.

When any of the above happens, Mom, the baby, or both can be severely injured. This is where the Birth Injury Lawyer steps in to try and provide some help. The consequences of an injury occurring to a mother or baby can cause life-altering consequences and can lead to massive expenses, both financially and emotionally, and can be extremely time-consuming, causing disruptions to education, employment, the development of other children in the family, and life generally.

While the Birth Injury Lawyer cannot undo the devastating consequences, we can help by obtaining compensation for the child and the family that can help care for and provide for the injured child, pay for the huge medical expenses for both mother and baby, provide money or health insurance (the Medical Indemnity Fund) to pay for services, therapies, surgeries, special schooling, etc., compensate for lost income, and provide at least some comfort and ease of living, all of which can be so critical and necessary.

Birth Injury Lawyers, like myself, my partner Bradley Zimmerman, and the other attorneys at our office, will work hard to investigate your case to see if there were any red flags or warning signs that should have told the providers that action and/or monitoring were needed and that they should have acted. We are members of organizations dedicated to seeking justice for injuries occurring during birth and regularly attend lectures and conferences to further sharpen our understanding of these cases. We have the knowledge, the experience, and the expertise to analyze the medical records and the case from different angles, and many times we have identified when and how the medical providers failed to timely act when other attorneys have failed in this regard.

Birth Injury Lawyers have the knowledge, experience, and tenacity to handle these serious and emotional cases, and are ready and willing to help those that we can when the unthinkable happens at a time when there should be unbridled joy and happiness.

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