Birth Injuries are Common Medical Malpractice Claim

A birth injury is any damage sustained during the birthing process, most often occurring during transit through the birth canal. A difficult birth or an injury to the baby may occur because of the baby's size or the position of the baby during labor and delivery. Birth injuries may occur, also, if the birth canal is too small or the fetus is too large (this sometimes occurs when the mother has diabetes). The rate of birth injuries is much lower than in previous decades, but birth injuries do still happen and the results can often be devastating to the life of the child. Birth injuries are one of the most common forms of medical malpractice.

Some of the resulting injuries of difficult births and birth's with physician error include:

Facial paralysis: During labor or birth, pressure on a baby's face may cause the facial nerve to be injured. Forceps may also cause this. The injury is often seen when the baby cries for the first time as there is no movement on the side of the face with the injury and the eye cannot close.

Fractures: Fractures of the clavicle (collarbone) is the most common fracture during labor and delivery. The clavicle may break when there is difficulty delivering the baby's shoulder or during a breech birth.

Erb's palsy (also known as brachial plexus): Erb's palsy occurs when the brachial plexus (group of nerves that supplies the arms and hands) is injured. This happens often when there is dystocia. Tearing of the nerve may result in permanent nerve damage. A newborn with Erb's palsy will have his arm straight down at his side and will not move it and sometimes the arm may be slightly turned with a bent wrist and straight fingers.

Cerebral palsy: CP is a permanent and irreversible crippling condition that affects the brain and central nervous system. Possible causes of CP during the birth process are unrecognized or untreated signs of fetal distress; the baby being stuck in the birth canal because of its size or position; placenta being prematurely sheared by the birth process; and untreated umbilical cord compression.

The birth of a child is supposed to be one of the most joyous occasions in an adult's life, and most deliveries go smoothly and as expected. However, complications do arise during pregnancy and delivery, and these problems may result in serious and long-term injury to your newborn baby. If the harm to your baby was unavoidable, it is important to be aware of your legal rights regarding the birth of your newborn.

If your child suffered a birth injury such as Erb's palsy or cerebral palsy in Chicago or anywhere in Illinois, please contact the experienced Birth Injury Lawyers at Harvey L. Walner & Associates, LTD.

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An Abundant, Yet a Scarce Resource

There are four primary factors of production; this includes capital, labor, resource, and the entrepreneur, one being dependent with the other, and as indispensable as any other factor. Yet among these factors of production, the one most often considered as least important using as a basis the benefits and attention given to it is labor.

The irony is that, our present laws give high regard to labor, considering the same as a primary social economic force. The fact is, the state even imposes upon itself the duty to fervently protect the rights or workers, and the promotion of their welfare. Yet, notwithstanding this safety net afforded to the workforce, the sad fact remains: These group of people in the society are often discriminated against and are in a constant uphill battle against oppression and marginalization.

Affording full protection to labor in organized or unorganized establishment, and the establishment of full employment and equal employment opportunities is a staple in every civilized society. Guaranteed rights of workers to include: the right to self organization, peaceful concerted acts, the right to strike in consonance with law, collective bargaining agreement, security of tenure, living wage, and humane conditions of work are only some of the safety provisions promoting a workman's welfare. Despite these array of rights explicitly contained under our laws, some if not all of industries which are labor-intensive do not afford said benefits. Adding insult to injury, these production-based employees are even strapped in a hostile employment environment making their situation much more degrading and unwanted.

In a situation where an employee's rights are not afforded, the occurrence of antagonistic relationship between labor and management is not an uncommon picture. Hence, in an aim of avoiding to sacrifice a stand-off in production, the promotion of shared responsibility and the use of voluntary modes in settling brewing disputes are necessary.

Labor is indeed an abundant resource, consequently, due to its increasing supply, the cheaper it is to acquire the same. So cheap in fact that even if not all the standard rights are afforded, still many individuals would readily accept any employment offer. Couple this fact with the growing incidence of poverty, and then what you have is an industry that caters more to the interest of the owners of the means of production, than those who use manpower to produce the same. As a result of this dichotomy, the fact of having abundant labor is a truism, but then again, despite the abundance of labor and the absence of the appropriate benefits afforded to them, quality labor is scarce.

Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.

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