Understanding Your Rights in Cases of Birth Injuries Caused By Negligence
The birth of a child should be a joyous and life-changing moment. However, when medical negligence results in a birth injury, the consequences can be devastating for both the baby and the family. If your child has suffered a preventable birth injury, you may have the right to pursue legal action against the responsible healthcare providers.
This guide will ensure you understand what constitutes a birth injury caused by negligence, who can be held liable, your legal rights and compensation options, and the steps you and your family should take if you suspect medical negligence.
Contact an experienced birth injury attorney if you believe your child’s birth injury was preventable. You must act quickly to protect your legal rights and secure the financial compensation your family will need to cover your child’s medical care now and in the future.
Continue reading to learn more and understand your rights in birth injury cases caused by negligence.
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What Is a Birth Injury?
A birth injury occurs when complications during labor and delivery cause chronic health conditions, deformities, disabilities, or other health issues in a newborn. Some injuries heal quickly, but others lead to permanent disabilities, developmental delays, or lifelong medical needs.
Medical negligence can cause several common birth injuries, including the following:
Internal Bleeding or Skull Injuries
Excessive force during delivery may cause internal bleeding and skull injuries. Improper and forceful delivery by doctors and medical staff can increase the risk of labor complications for both the child and the mother. The delivery team bears legal responsibility for any resulting complications.
Bone Fractures
Broken bones happen when doctors, nurses, or midwives are too rough with the infant during delivery. Injuries like broken collarbones are common when a medical team does not take the time to care for the newborn. Proper handling and careful delivery techniques are essential to prevent these avoidable injuries.
Facial Paralysis
Improper use of forceps or vacuum extractors during delivery causes facial paralysis and birth injuries. Facial paralysis can cause permanent disability or deformity to the child’s face.
Hypoxic-Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy is a form of brain damage that happens due to medical negligence. If an infant has this condition, they will suffer brain damage due to the lack of oxygen and blood flow. Doctors must act quickly to recognize and address oxygen deprivation to prevent long-term complications.
Brachial Plexus Injuries
Brachial plexus injuries, like Erb’s Palsy and Klumpke’s Palsy, occur when the baby’s shoulders are stretched or compressed during delivery. These injuries can lead to permanent disability.
Cerebral Palsy
Cerebral Palsy often results from oxygen deprivation or improper use of delivery tools.
These injuries are preventable. Obtaining a proper diagnosis is necessary to assess whether doctors, nurses, midwives, or other labor or delivery team members caused an injury due to medical negligence. There may be a potential legal claim for medical malpractice.
How Medical Negligence Leads to Birth Injuries
Medical negligence can lead to birth injuries, which can change the trajectory of a child’s life. Birth injuries can result from avoidable mistakes made by doctors, nurses, or hospital staff. Common examples of medical negligence in childbirth include:
Inadequate Prenatal Care
Medical staff must provide their patients with adequate prenatal care. Poor or inadequate prenatal care can be dangerous for the mother and the baby, leading to increased chances of complications during labor and delivery.
Negligent Postnatal Care
A medical injury may occur after a baby is born. This can happen due to failure to monitor the baby properly, resulting in undiagnosed conditions. Delays in diagnosing a medical condition can potentially worsen the harm.
Failure to Treat Maternal Infections
Infections the mother experiences can transfer to the baby. If infections are not properly diagnosed or treated, they may spread to the baby and lead to complications.
Medication Errors
Incorrect medication administration can cause a birth injury. The incorrect use of Pitocin or epidurals can cause distress to the baby and mother. Mismanagement of these medications during labor can lead to complications such as fetal distress or prolonged labor.
Incorrect Use of Forceps or Vacuum Extraction
Sometimes, birth injuries are not the result of a misdiagnosis or medication error. Often, poor technique used by the medical team can cause a birth injury. Misuse of delivery tools can cause nerve damage, skull fractures, and brain bleeding.
Delayed C-Section
A delayed C-section can cause a birth injury. Waiting too long to perform an emergency cesarean section can lead to brain damage.
Failure to Monitor Fetal Distress
Medical staff must monitor signs of fetal distress. Ignoring signs of oxygen deprivation or irregular heart rates can lead to serious birth injuries.
Medical professionals have a duty of care to the parents and the infant. If the medical staff fails to follow proper procedures and cause harm to the baby, they can be held legally accountable for the injuries their neglect causes.
Who Can Be Sued for a Birth Injury
Birth injuries may result from the actions of various members of the maternal and neonatal healthcare team. In a birth injury lawsuit, multiple parties can be held accountable for the harm caused, including:
Hospitals and Birthing Centers
The hospital or birthing center where the baby is born might potentially share responsibility for causing the infant’s birth injury. If these facilities employ negligent staff or have unsafe policies, they might be legally liable for harm.
Obstetricians and Doctors
Medical professionals, such as obstetricians and doctors, may be held liable for birth injuries. If a medical error occurs, the medical team may fail to take appropriate action or overlook complications, making them legally accountable for these actions.
Nurses and Medical Staff
Nurses and other members of the medical team may also have legal responsibility in cases of birth injury. If the medical team did not adequately monitor the baby or adhere to hospital protocols, they may be individually accountable in a birth injury lawsuit.
Pharmaceutical Companies
Pharmaceutical companies might be held responsible for placing dangerous drugs into the marketplace for patient use. Pharmaceutical companies can face legal liability if a medication causes harm due to undisclosed side effects or improper dosage.
An experienced birth injury lawyer can help hold all negligent parties accountable and prevent future mistakes so your family can get the relief you deserve. So that future mistakes are prevented for other families.
What Are My Rights as a Parent After a Birth Injury?
Fully understanding your legal rights after a birth injury is important as a parent. If medical negligence caused your child’s birth injury, you have the right to:
File a Medical Malpractice Lawsuit
As a parent, you have the right to file a medical malpractice lawsuit after a birth injury. You can sue the responsible doctors, nurses, or hospitals for damages. Having an trusted birth injury attorney investigate the cause of the accident can ensure that you identify each potential defendant and help hold the responsible parties accountable for their actions.
Seek Financial Compensation for Your Claims
Parents have the right to seek financial compensation for their child’s injuries after a birth mistake. You may recover medical costs, pain and suffering, and long-term care expenses. A lawyer will review the facts of your case and help identify every loss your family has endured.
Hold Medical Professionals Accountable
Legal action helps prevent similar tragedies for other families. Although it can be difficult to endure a lawsuit, asserting your rights against a negligent medical system can lead to better outcomes in the future.
Rights Under Federal Law
Your child and family might have rights under federal law. Under the Americans with Disabilities Act (ADA), children who have survived birth injuries have protections, including their right to receive an education.
How Long Do I Have To Sue?
Understanding how long you have to sue for a birth injury is important. The statute of limitations (or the deadline given to families to sue for compensation) varies by state. Working with a personal injury attorney is the best way to ensure you do not miss the statute of limitations. Missing the deadline can throw out your case and cause you to lose your right to financial recovery. An attorney can provide guidance, ensure you meet the statute of limitations, and ensure compliance with other important procedural rules.
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What Compensation Is Available In a Birth Injury Lawsuit?
Birth injuries can lead to lifelong medical costs and emotional suffering. A successful birth injury lawsuit may provide compensation for the following:
Economic Damages
Economic losses faced by the family include the financial losses that the family faced and the lost future financial opportunities. Examples of economic losses that a family might face after a birth injury can include:
- Current and future medical expenses
- The cost of rehabilitative therapy, including occupational therapy, physical therapy, or speech therapy
- Home modification expenses like wheelchair ramps or other specialized care equipment
- Lost income for the parent and the lost ability to earn a living income for the child
Non-Economic Damages
Non-economic damages include the intangible losses that a child and family suffer because of a birth injury. It can be difficult to identify these losses, so working with an attorney is the best way to get everything that your family deserves after a birth injury.
Examples of non-economic damages from birth injury accidents can include:
- Loss of enjoyment of life
- Emotional distress for parents and family members
- Pain and suffering endured by the child
- Reduced quality of life
Punitive Damages
In cases of gross negligence, the family might recover punitive damages. Courts rarely award punitive damages in birth injury cases. The purpose of punitive damages is to punish the negligent party and to deter them from acting in a similarly outrageous manner in the future. The availability of punitive damages varies by state. Speak with an experienced birth injury lawyer to learn about the possibility of receiving punitive damages as a part of your settlement.
Steps to Take After a Birth Injury
The steps you take after a birth injury are critical to the success of your case. Consider taking the following important steps after a birth injury:
Document Everything
Gathering and documenting evidence is vital to strengthen your birth injury case. Gather your child’s medical records and request all hospital and doctor reports. Share the records with your birth injury attorney. Document your child’s condition, including symptoms, medical treatment, and developmental delays. This detailed information will support your case and help prove the extent of the injury.
Avoid Speaking With Insurance Companies Alone
It is advisable to avoid speaking with any representatives of an insurance company without legal counsel present. Insurance adjusters may attempt to offer low settlements or deny liability to minimize the amount payable to your family. Avoid providing written or verbal statements to the insurance company, as they can use them against you. Consult an attorney to ensure that your legal rights are fully protected.
Consult a Birth Injury Lawyer
If you believe that your child was the victim of medical negligence, contact a birth injury lawyer immediately. An attorney can help assert and protect your legal rights against a negligent medical system. You do not need to go through this alone. Start building your legal team today and get the support that your family deserves.
Challenges in Birth Injury Lawsuits
There are certain legal challenges that families face when filing a birth injury lawsuit. A skilled lawyer can ensure you overcome these common issues:
- Proving medical negligence
- Overcoming defense strategies used by hospitals, birthing centers, and doctors
- Lengthy legal processes
A birth injury attorney will guide you through these challenges and secure the best results for your child and family.
Contact a Birth Injury Lawyer Today!
Your family deserves the support of a qualified legal team. When your child suffers an injury due to a medical mistake or medical negligence, you deserve to hold the parties responsible.
Do not hesitate. Time is of the essence when filing a birth injury claim. Contact a lawyer today to secure your legal rights and get your family the recovery that you deserve to properly care for your child.