The birth of a child is usually one of the happiest occasions in a person’s lifetime. Too often, this happy time turns into a tragedy if mistakes are made, or if there is carelessness before, during, or immediately after the birth. These mistakes or episodes of carelessness can have serious and permanent consequences including cerebral palsy. Many newborn children have been injured for life, because of an error or carelessness on the part of those delivering the child. Those injuries will be a permanent emotional burden on the family and are often also the source of a substantial financial burden. Even more tragically, many newborn children have died due to medical errors.
Most disabilities and deaths are caused by oxygen deprivation or head trauma that occurs during these delicate procedures. Cerebral palsy and brain damage affect more than 10,000 babies each year.
The successful birth injury lawyers listed on LookupLegal have seen many cases caused by the following mistakes:
- Failure to respond to fetal distress
- Failure to respond to unexpected bleeding
- Failure to respond to umbilical cord entrapment
- Delay in performing C-section
- Poor infant care after birth
- Misuse of vacuum extractor or forceps
- Improper use of pitocin
- Failure to properly manage infection
- Failure to properly deliver a baby who has stopped progressing during labor
Tragically, medical malpractice affects patients of all ages, including newborn babies. Babies are particularly susceptible to injury during and directly after birth, so their vulnerable bodies must be handled with exceptional care. When medical professionals are negligent in their duty to provide this care, serious, permanent injuries such as cerebral palsy, Erb’s palsy, shoulder dystocia, brain damage, and skeletal deformities can result. In many cases, these birth injuries could have been prevented had the health care providers exercised due care.
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Not every birth injury is the result of medical malpractice. However, an improperly handled or delayed delivery can significantly increase the risk of complications. Doctors are also expected to follow the correct procedures in dealing with those complications.
To determine if a birth injury was caused by negligence, all the medical records need to be obtained and reviewed. An expert needs to review the records, a summary of the records should be made and the medical literature often needs to be collected to determine whether the case has merit. The process can take several months. Moving a lawsuit forward that deals with birth injuries is a very involved process that requires experience, knowledge of the law and strategic skill. It also requires a high level of dedication.
There are few moments in life as memorable and as important as the birth of your child. It is every parent’s worst nightmare to have something go wrong in the delivery room, especially if that mistake leads to years of pain and suffering for you, your child and the rest of your family. When pediatricians, delivery room doctors and other medical personnel make mistakes, they can lead to serious birth injuries. These injuries may require a lifetime of medical treatment.