Birth Injuries
PROVING CAUSATION IN HYPOXIC ISCHEMIC ENCEPHALOPATHY/CEREBRAL PALSY ANOXIC BIRTH INJURY CASES
Part Two: Abnormal Apgar Scores are not Always Present when a Fetus has Suffered Hypoxic or Anoxic Birth Injury By David A. Bowling and Lauren P. Jones A Multipart Series from the Bowling Law Firm, APLC I. Introduction In our first installment of this series, we presented an overview of the criteria for establishing a hypoxic or anoxic birth injury as published by the American College of Obstetrics and Gynecology (“ACOG”). We emphasized that to establish that a child’s cerebral palsy or other neurologic disorder was a product of the birthing process, attorneys must be prepared to address the criteria published by ACOG for establishing that the infant suffered an injurious hypoxic ischemic encephalopathy (HIE). In ACOG’s view,…
Read MoreYOUR LEGAL RIGHTS WHEN OXYGEN LOSS INJURES YOUR BABY AT BIRTH
By David A. Bowling and Lauren P. Jones A Multipart Series from the Bowling Law Firm, APLC I. Introduction As a firm with a major concentration in the representation of families of children who have suffered hypoxic-ischemic encephalopathy (“HIE”) and/or cerebral palsy, The Bowling Law Firm is frequently faced with challenges from defendants arguing that the birthing process was not the cause of our clients’ babies’ neurologic injuries. We must confront contentions that the brain injuries were due to processes prior to labor and delivery, events after labor and delivery, infection, genetic or metabolic derangements, or a myriad of alternate proposed causes. The obstetrical community, led by the American College of Obstetrics and Gynecology (“ACOG”), has a substantial interest in…
Read MoreDifferent Types of Birth Injuries
During that time when you are the most excited to welcome your new family member, tragedy strikes and your child is diagnosed with a birth injury. Birth injuries are typically a type of claim that is brought under medical malpractice law. If your baby has any of the following types of injuries, you should speak to an experienced medical malpractice lawyer about whether you have an actionable birth injury claim. Cerebral Palsy Unfortunately, cerebral palsy is one of the most common types of birth injuries. The term cerebral palsy actually refers to a group of disorders that will affect a person’s posture, their mobility and ability to maintain balance. Cerebral indicates that the condition has to do with the brain,…
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