Medical Malpractice Lawyer

Birth injuries can happen, and are often a result of lack of care by the hospital staff and doctors. Medical professionals must always uphold a reasonably high quality of care, and if they fail to do so, then mother and infant can suffer. Parents who have a baby that suffered from a birth injury, must meet with a lawyer for a case evaluation, to see if they are eligible to receive compensation for what happened. 

How frequently do birth injuries occur?

It is estimated that around 5-7 out of every 1,000 babies are born with some degree of birth injury. There are several causes of birth injuries, that can put both mother and newborn at risk for harm. For instance, the baby could be deprived of oxygen, delivery tools could be used too aggressively, or the c-section may be unnecessarily delayed. When doctors and medical staff fail to offer proper medical care and attention, birth injuries can result. 

What are the most common injuries in the newborn?

If a birth injury occurs, the most common injuries are fractures to the collarbone or arms, bruises on the body, skin irritations, umbilical cord problems, nerve trauma, soft tissue injuries, facial paralysis, spinal cord damage, and internal damage that causes conditions like cerebral palsy. Despite advances in medical care, mothers and infants can get hurt before, during, or in the moments just after delivery. 

Is a birth defect and birth injury the same thing?

No, birth injuries are typically caused as a result of something having gone wrong during delivery. Birth defects generally involve harm that was caused to the baby before birth, stemming from infection, genetics, or some kind of accident. Parents who are told by their doctor that their baby has a birth defect and not a birth injury, are encouraged to meet with a lawyer to find out if their doctor may be lying to them. Doctors may blame a birth injury on a genetic birth defect, as a way to elude responsibility for a mistake. 

Is a birth injury viewed as a medical malpractice case?

Yes, parents can sue the doctors, nurses, and/or hospital for a birth injury and it would be considered a medical malpractice case. Doctors and medical professionals must provide the same level of medical care that anyone else in their field would give in similar circumstances. It is also the duty of doctors to identify problems in the baby during pregnancy and notify parents immediately. Parents may be entitled to financial compensation from the facility for errors made by medical staff. 

What types of mistakes could happen in the delivery room?

Mistakes that can cause birth injuries include administering the wrong medication to the mother, incorrectly giving epidural, miscalculating contractions, not taking vital signs, or neglecting to observe abnormalities in the other or fetus. For example, failing to monitor the fetus and noticing fetal distress may result in a delayed c-section. An investigation of pre-delivery care can be assessed by a personal injury lawyer to determine whether a doctor or nurse had overlooked a crucial detail that led to the baby sustaining a birth injury.