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Mother Faces Accusations of Child Abuse After Possible Birth Injury

PregnantBirth injuries can be traumatic events that have a lifelong impact on the child and its parents. Most doctors will explain this, even when they know their actions or inactions caused the injury, but are there some who might avoid the subject altogether? Would they let a mother leave the hospital, oblivious to their child’s condition and prognosis? That is what one woman is claiming after child abuse allegations led to criminal charges and the removal of her five children. The following sections, which are not a presumption of her innocence, explore this possibility and explain what options you might have in a similar situation.

Could Parents Leave the Hospital Without Knowing Injury Has Occurred?

Although the mother ultimately plead guilty, she did show reporters her daughter’s medical records, which were subpoenaed by her attorney. In them, it is revealed that the child did, in fact, have a birth injury – cephalohematoma, hemorrhaging of the blood between the skull and the periosteum. While, in many cases, this type of injury heals on its own, it can also be accompanied by a skull fracture, which may cause complications.

Sadly, the fact that she could not have skin to skin contact with her infant because of her “condition” suggests that the mother should have known that something was wrong with her baby. At the very least, we would encourage parents in such situations to ask the doctor and nurses questions. Find out what is wrong. If you cannot obtain answers, seek help from a patient advocacy group or your attorney.

When Did the Mother Learn of the Injury?

When speaking the news sources, the mother indicated that the accusations came after she took her daughter in for her two-week checkup. She says she asked the doctor about the swelling because she was concerned, but after a CT scan revealed a skull fracture, the mother was promptly reported to the local child protective agency. The infant and her siblings were all removed from the home, and the mother was arrested on charges of child abuse.

It is not clear when the mother became aware of the injury. Was it shortly after the birth, when she was not allowed to have skin to skin contact? Was it after she returned home and noticed swelling? Or was it all hindsight, a realization that something had gone horribly wrong during the infant’s birth? Perhaps we will never know, but parents are encouraged to learn from this mother’s experience; if you suspect that an injury has occurred, request that your child is examined by another doctor (or perhaps even another hospital) for injuries before you ever even leave the hospital.

Contact Our San Jose Birth Injury Lawyers

If your child has a confirmed birth injury, contact Corsiglia, McMahon & Allard, LLP for assistance. Dedicated and experienced, our San Jose birth injury lawyers will protect your rights and interests, no matter what the circumstances may be. We also aggressively pursue the most favorable outcome possible in every case. Schedule a free and personalized consultation by calling (408) 289-1417.

Client Reviews
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.