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Did Your Newborn Suffer Cerebral
Palsy or Another Brain Injury Before
or During Labor and Delivery?

Learn More

Our Birth Brain Injury Resource Guide

the guide

Get a FREE guide of resources available throughout Ohio to children and families of children who were born with brain injuries.

Our guide can help you build a foundation of knowledge and tools that will help you help your child
now and in the future.

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Birth Paralysis – Legal Questions

When an infant is diagnosed with a condition at birth, the parents are often devastated. They have a lot to deal with, especially if the condition is the result of an injury which could have been prevented. Here are some legal questions that may be on your mind as you consider your child’s future and your next steps.

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What is the Difference between a Birth Injury and Birth Condition?

A birth injury is the result of an incident that happens during delivery. They often occur because of an error made by a medical professional. A birth condition is caused by genetics, illness, infection or another medical issue that occurred prior to birth.

What are Some Common Causes of Injuries at Birth?

Some of the most common causes for birth injuries that result in paralysis include deprivation of oxygen during birth or delay in performing a C-section during a difficult birth. The doctor may use excessive force with forceps or other delivery tools while the baby is in the birth canal. They may administer the wrong medication or wrong dosage. Medical personnel may fail to properly monitor the mother or the baby during labor.

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What are Some Common Types of Birth Injuries that Result in Paralysis?

Several injuries occur during childbirth that can lead to paralysis. They include Klumpke’s Palsy, Erb’s Palsy, Cerebral Palsy, spinal cord injury, brain damage and other developmental delays. In most cases, there is damage to the nerves, which results in paralysis.

What Should I Do If My Child Was Injured at Birth?

If your child was injured during childbirth, you should contact an attorney who is experienced with this type of case. They can review your situation, schedule an examination and pursue legal action to help you receive the compensation you deserve for the injury.

How Do I Know Who was Responsible for a Birth Injury?

In some cases, the doctor who handled the birth is responsible for the birth injury. In other instances, it may be a nurse or other medical professional. To determine the person liable for the injury, an attorney can conduct an investigation into the case and find out who was responsible for which aspects of the birthing process.

If you have other questions about an injury your baby sustained during delivery, you should contact an attorney. Schedule a consultation to discuss your case and get legal advice on whether you should pursue legal action.