Birth trauma litigation is a very complex area of the law, and only a highly skilled attorney with an extensive track record in this area is able to ensure justice for the family.
Birth trauma usually refers to situations where children are victims of medical malpractice as they are being born. They may suffer significant injuries or death during, or as the result of something going wrong with the pregnancy or during delivery. “This is to be clearly distinguished from birth defects that happen prior to birth and were likely the result of genetic flaws or other processes during the pregnancy,” outlined Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio.
Statistically speaking, it appears that birth injuries may occur in roughly five out of 1,000 births. While not a shocking number, it is still high enough to cause concern. Injuries of this nature are usually the result of a nurse, mid-wife or doctor failing to properly assess or react to conditions that arise during pregnancy or during the baby’s delivery.
Not every birth injury forms the basis of a medical negligence claim. In fact, in order to file such a claim, the injuries must be severe, if not classified as catastrophic. The reason for this is that these kinds of cases are enormously expensive to pursue. Most litigations of this nature require an in-depth review of the medical records, and the presence of various medical witnesses who testify that the physician involved in the birthing violated the accepted standard of care. “Medical negligence claims do tend to be expensive,” said Mellino.
Some of the medical negligence cases that Mellino has tried have involved children who did not survive birth, suffered permanent brain damage, shoulder dystocia, Erb’s Palsy, and Cerebral Palsy. “Unfortunately there are a high number of birth trauma cases that go unreported because the parents are not aware they may be victims of medical negligence or because the injuries may not be that serious,” added Mellino.
In all cases where a child has suffered a birth trauma, it is best to consult with a skilled medical malpractice lawyer such as Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio. Mellino is noted for his razor sharp ability to get to the heart of his cases and get justice for his clients.
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