Prenatal injuries occur to children while their mother is pregnant. They can be caused by prescription drugs provided to the mother without proper warnings of potential damage to the fetus. For example, recently the anti-depressant Paxil has been linked to certain heart defects in infants. Birth injuries can be caused during delivery as the result of lack of oxygen (these infants are typically diagnosed with cerebral palsy), or the failure of a doctor, nurses, or hospital to monitor the fetal heart rate once the birthing process begins. They can also be caused by the failure to timely perform C-sections. They can also be caused by improperly performed tests such as amniocentesis or x-rays.

One of the keys to proving liability is the fetal heart monitoring strips. The fetal heart monitor strips show what is happening in urtero to the child, signs of fetal distress potentially indicating the need for an immediate C-section, including bradacardia (low heart rate), tachycardia (fast heart rate), fetal heart rate decelerations, especially when it occurs after the contraction (a late deceleration), and poor or absent "beat to beat" variability. We have doctors review the fetal heart monitoring strips to determine whether a breach of the standard occurred. Other evidence of a birth injury occurring during labor are blood tests to determine whether the infant is acidotic due to lack of oxygen and apgar scores taken in the first 10 minutes after birth. Other experts are needed in birth injury cases including a neuro radiologist to document the type of brain injury and when it occurred, a pediatric neurologist to prove that the birth injury was the cause of the brain injury, neonatal experts regarding the treatment the baby received after birth, and a life care planner to determine the cost of future care.

Birth injuries are devastating for the child as well as the parents. The child who has cerebral palsy as the result of a birth injury needs special medical care, including physical therapy, occupational therapy, and additional care for their daily living activities.

To learn more, visit our Missouri Injury Lawyer Blog.

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