Pregnancy is an exciting time for expecting parents. Bringing a new baby into the world is a joyous occasion that you’ll reflect on for a lifetime. But all too easily, excitement can quickly become overshadowed by overwhelming feelings of stress and anxiety concerning your baby’s well-being.
If you have watched television or have access to the internet, you’ve probably heard horror stories of numerous things that could go awry during a delivery. A team of medical professionals comprised of a variety of practitioners will be heavily involved to ensure both mother and baby are healthy and feel at ease. But that doesn’t mean to cast all away all concerns.
There are multiple problems that could possibly arise from the moment a mother finds out she’s expecting to the day a baby is born. Although medical professionals are expected to be experienced and knowledgeable, they are still fallible human beings that are capable of making catastrophic mistakes.
A trauma in pregnancy and the birthing process complicates 1 in 12 pregnancies among women in the United States.
Spanning from minor injuries to severe, life threatening injuries (for both the mother and baby), it’s vital for expecting families who’ve endured these types of injuries to consult an attorney as soon as possible. In the event that the harm of an unborn baby or expecting mother was directly inflicted by another a physician, organization or entity, you may be entitled to a monetary award granted by the court for your suffering. By deciding to accept the help of legal representation, a seasoned attorney will be able to provide a legal remedy for injuries, medical bills, time away from work or any other burdens you’ve carried due to someone else’s mistake.
Unfortunately, one seemingly small mistake made by a medical professional can create trauma in pregnancy and have a long lasting effect on the baby and mother. Complications during pregnancy can cause a mother to undergo an unplanned C-section, or she may be forced to have a child early. No matter what the complication entails, if things don’t go as planned because of the instruction of a health care provider, you may be entitled to compensation. There are a large number of disorders that stem from the negligent actions of medical professionals, one of the most common disorders is cerebral palsy.
Cerebral palsy is a disorder of movement, muscle tone or posture that is caused by damage that occurs to the immature, developing brain, most often before birth. This condition is caused by an injury to the brain while it is under development. The harm could be inflicted prior to delivery, during delivery, or immediately after birth. It drastically affects a child’s motor skills, muscle control, reflexes and balance, leaving the child with issues doing everyday tasks like walking and talking. Since every case of cerebral palsy is unique, it could be particularly difficult to distinguish the direct cause of this condition. But with the help of your radiologist, neurologist and other practitioners, you may be able to pinpoint the location of impairment, and at which point in the birthing process the injury transpired.
Usually, the diagnosis of cerebral palsy is a result of one of more of these occurrences:
- Poor Insulation of Developing Nerves – When myelin – a substance that surrounds nerve cells – stops protecting nerve cells that aid in brain development
- Disturbance of Brain Cell Migration – When environmental elements hinder cells from moving to their appropriate location during brain development
- Brain Cell Death – When events in the birthing process cause blood vessels to rupture, resulting in a lack of oxygen to the brain
Medical malpractice has been linked to a child’s development of cerebral palsy in lots of cases, common causes may include a medical professional’s failure to:
- Indicate or properly diagnose infections in the mother during pregnancy
- Detect a misplaced umbilical cord
- Regularly and appropriately monitor the baby’s heart rate before and during labor and birth
- Schedule a cesarean section when the baby deemed too large to securely travel down the birth canal
- Properly utilize medical utensils during the birth process
- Perform a cesarean section when medical necessary
There are several different types neurological disorders that can be categorized under the umbrella of cerebral palsy, these are:
- Ataxic Cerebral Palsy – This type of disorder accounts for approximately 10% of reported cases of cerebral palsy. It affects the a baby’s depth perception, balance, tremors and coordination.
- Athetoid Cerebral Palsy – This type also accounts for about 10% of cerebral palsy cases. Symptoms include slurred speech, difficulty swallowing, bad posture and low muscle tone.
- Spastic Cerebral Palsy – Tthis type of disorder accounts for a whopping 80% of cerebral palsy cases. It’s identifiable by a baby’s inability to move due to the tightening of the muscles. Babies diagnosed with this disorder have difficulty holding on to and letting go of objects.
Statute of Limitations
It’s important to note that when you realize you have a trauma in pregnancy or other related injury, you must act fast. In each state there is regulation regarding the amount of time a person has to file a personal injury civil lawsuit, this is called the statute of limitations. In comparison to other states, Missouri permits a relatively allotted time of two years to file a medical malpractice claim. Thanks to the discovery rule, the two year countdown starts the day an individual could have reasonably identified their injury. Lawmakers don’t intend to punish victims for not realizing they have an injury, hence the reason for this rule.
Missouri has also implemented legislation specifically for medical malpractice cases involving minors. The five year countdown for personal injury claims begins to run on the minor’s 21st birthday, while pursuers of medical malpractice cases must file by their 20th birthday.
Experienced Attorneys for Helping With Trauma in Pregnancy
Personal injury cases, and in particular, those involving a trauma in pregnancy, can be incredibly complex. Building a viable case that will be upheld in a court of law requires the help of a seasoned attorney. Don’t let all the pain and suffering you’ve endured go without legal remedy. Attorneys at the Dysart Law Firm are dedicated to getting you the compensation you deserve.