Birth injuries are tragic events that can impact you and your child for the rest of your lives. Unfortunately, many of these injuries are often avoidable. Medical malpractice is the leading cause of birth injuries in our country today.
There are a variety of medical errors which may occur before, during, or after childbirth which may result in a birth injury. Many of these errors result in a deprivation of oxygen and/or blood flow to your baby. By taking the proper precautions throughout the birthing process or responding to complications in an appropriate manner, your medical care provider can generally prevent irreparable damage to your child.
Some common birth injuries include:
• Cerebral palsy
• Erb's palsy
• Shoulder dystocia
• Hypoxic brain injury
• Forceps injuries
• Facial paralysis
Causes of Birth Injuries
Possible causes of birth injuries include:
• Failure to respond to fetal distress
• Delay in ordering a cesarean section
• Failure to diagnose gestational diabetes
• Failure to respond to bleeding
• Failure to anticipate complications related to a large baby
• Improper monitoring of the baby's vitals
• Medication errors
• Anesthesia errors
• Failure to perform genetic testing for conditions such as Down syndrome, Spina Bifida, Huntington's disease, Tay-Sachs disease, and Fragile X
Proving Fault in a Birth Injury Claim
As with all medical malpractice claims, you will need to successfully demonstrate that your medical care professional provided negligent care. You will need the assistance of an experienced birth injury lawyer in order to prove negligence in your claim.
Your lawyer must not only understand the medical malpractice laws of your state, he must also have a solid understanding of the medical principles involved in your case. Your lawyer will need to be able to review medical records to detect evidence of malpractice. This can be a difficult task for an attorney who lacks the proper medical experience.
Proving negligence in court will also require expert testimony from other medical professionals. Often, it is difficult to secure the proper witnesses since many doctors are unwilling to testify against their colleagues. However, most experienced medical malpractice lawyers have developed connections with medical professionals who may be willing to testify on your behalf.
Getting the Compensation you Deserve
A birth injury can impact your entire family, leading to both emotional and financial distress. Often, the injured child may require a lifelong care to compensate for a disability related to the birth injury. In order to ensure that you receive the compensation needed to cover these ongoing expenses, you will want to work with an experienced birth injury lawyer.
