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by Jeff Rasansky - November 20, 2012
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

A lawsuit filed in Palm Beach County alleges that a physician was negligent in giving care to a mother, resulting in her child being born with Erb’s palsy.

According to the lawsuit, the doctor did not perform a cesarean section in time and the newborn ended up suffering trauma to its shoulders and neck during the birth process. A midwife was present during delivery; the physician was not.

Negligence and childbirth.

Many medical malpractice claims are brought because a child ends up suffering some sort of injury during the process of being born. They are also brought because the child may have suffered injuries in the womb that could have been prevented with proper medical care that was not delivered or because they suffer injuries soon after having been born. Birth trauma from medical mistakes can result in a range of conditions. Cerebral palsy is one of the most common, but there are others.

In order to successfully sue a physician for negligence, an attorney has to identify when and where it played a part in the child suffering trauma. Whenever a child is born with a condition such as cerebral palsy, Erb’s palsy or another such condition, a medical investigation is launched to try to determine how it happened and why. Attorneys will use this information and information they gather on their own to try to establish that a physician or healthcare facility was negligent in delivering care and that they, therefore, contributed to the child’s injuries.

Getting help.

Parents who have children who have suffered a birth trauma due to physician negligence need to act quickly. While these cases may take years to resolve, there are limitations on how long you have to file such a claim. If you miss your window of opportunity, it is gone for good.

An attorney who handles these claims will be able to let you know whether or not it is likely that your claim would win. They cannot, however, guarantee that you will win. The only way to determine whether or not a lawsuit will win is to either get a settlement out of the defendant or to win it in court and get an award from a jury.

Consultations with attorneys that handle birth injury claims are generally free. If you believe you have cause to file a lawsuit, the best thing you can do is to act quickly and get an attorney’s opinion on the matter.

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