Birth Injury | Cancer | Other Medical Malpractice | General Negligence

Birth Injury Issues to Investigate

When the medical record is searched for birth injuries due to medical malpractice, these are some of the issues that need to be investigated to determine whether there is going to be a provable case of proximate cause.

• Is there evidence in the record of the baby being asphyxiated (fetal monitor strips, nursing entries, evidence of sudden untoward events like uterine rupture)
• Apgar scores of the baby
• Laboratory blood gas results of either the umbilical cord or the newborn
• Baby's tone at birth
• Baby's reflexes at birth
• Whether baby spontaneously breathes
• Whether the baby spontaneously moves
• Whether the baby needs intubation
• Whether supplemental oxygen is needed
• Whether there are neonatal seizures
• Whether there is an abnormal EEG of the baby
• Whether the baby has a full fontanelle
• Whether the baby has elevated creatinine
• The baby's urine output
• Whether the baby has abnormal liver studies
• How the baby feeds
• Whether there is evidence of bowel injury
• Reflexes
• Whether there is evidence of other causes - infection, genetics, prematurity, metabolic disorder

The answers to these questions and more will determine whether there is a viable claim for brain damage arising from lack of oxygen due to medical mismanagement during the labor and delivery phases.The damages in cerebral palsy and birth injury malpractice cases are usually tremendous. Babies are facing lives of severe physical and often mental disability. If you have one of these cases, I will be happy to talk to you about it, investigate it and handle it if the facts are present.