Meeting your new baby should be one of the happiest moments of your life, but sometimes that moment is clouded by unexpected birth injuries. A birth injury can happen during the labor process and may be the result of medical malpractice.
It can cause death, full or partial paralysis, or other long-term or short-term health problems. Infants who survive their birth injury could require extensive medical intervention and long-term care or treatment, causing great financial stress for the family.
Where the doctor, nurse, or other healthcare provider is responsible for any birth injury to your infant, you may be eligible to file a birth injury lawsuit against the responsible party or parties.
Understanding Medical Malpractice and Birth Injuries
Medical professionals have a duty to prevent harm to patients, including newborn children. Some professionals, however, fail to meet this standard of care, putting patients and infants at risk of life-threatening and permanent injury.
Medical malpractice occurs when a medical professional does not uphold a certain standard of care for patients. This can be an intentional or unintentional act. When the medical malpractice occurs during childbirth, it can lead to severe harm to the infant.
Among the possible consequences of a birth trauma:
- Full paralysis
- Partial paralysis
- Loss of a limb (or use of a limb)
- Cerebral palsy
- Erb’s palsy
- Brain damage caused by oxygen deprivation
- Shoulder Dystocia
Preeclampsia is a condition in which the mother—who previously may have had a normal blood pressure—experiences an increase in her blood pressure and possible damage to an organ system, most commonly the liver or kidneys.
In situations where preeclampsia is not treated properly, both mother and infant can suffer life-threatening complications. Severe preeclampsia and preeclampsia that occurs early in the pregnancy also increase the risks to the mother and infant.
Although cerebral palsy can be the result of an infection while in the womb, it is possible that cerebral palsy can be caused by a brain injury caused during birth, or due to situations in which an infant has been deprived of oxygen for too long.
Erb’s palsy occurs when the nerves in the baby’s upper arm suffer damage. It typically occurs during a difficult labor and may be caused by excessive pulling on the shoulders or being delivered in a breech birth.
Birth Injury Compensation
Among the forms of birth injury compensation that the family of an infant affected by trauma during birth can seek:
- Past, present, and future medical costs
- Occupational and/or physical therapy
- Parental lost wages
- Pain and suffering
How is a Birth Injury Different from a Birth Defect?
There are some important differences between birth injuries and birth defects. Birth injuries happen during labor or immediately following delivery. They are injuries that occur as the baby is in the process of being born. Birth defects occur as the fetus is developing in the womb and are often, but not only, caused by genetic mutations, toxins, or medications.
Birth Injury Lawyer
If your child has been harmed by a birth injury, you know there’s no amount of money that can undo the damage done. A birth injury lawsuit, however, can help ease the financial burden associated with ongoing medical care and compensate you and your child for pain and suffering.
Contact an experienced birth injury lawyer at Cutter Law today to discuss your situation. Our attorneys can answer your questions and explain your legal rights. We’re committed to ensuring you and your infant receive the financial compensation you’re entitled to.