Every day, thousands of mothers place their trust in doctors and nurses to help them deliver their baby. As such, in the aftermath of their infant suffering a birth injury, any parent would undeniably feel devastated and confused about what they should do next. While it is natural to panic, remaining calm and assessing what to do next will be in the best interest of you and your infant.
Birth injuries are usually immediately evident after birth, while some start to show symptoms as the child ages. While they can occur due to various medical reasons, birth injuries are preventable in most cases. If someone suspects that their baby has suffered a birth injury due to medical negligence, they may seek legal action against the doctor.
What is a Birth Injury?
A birth injury is any damage or harm that occurs to a baby during or just after birth. Many babies experience minor injuries during the birthing process that do not require medical treatment and heal themselves. Birth injuries can take various forms, both mild and severe. Some have no cure and may result in lifelong mental or physical deformities in the baby. No matter what the circumstances are, it is the doctor’s legal and ethical responsibility to ensure that both the mother and the infant do not get harmed in any way during the delivery process.
What Are Some Types and Causes of Birth Injuries?
Some common birth injuries include cerebral palsy, Erb’s palsy, perinatal asphyxia, brachial palsy, and caput succedaneum. While a baby can suffer a birth injury due to several reasons, many occur due to medical negligence and are usually preventable.
A common example that demonstrates negligence is cerebral palsy. It is a lifelong neurological disorder that results from damage to the infant’s brain and affects a child’s movement and muscle coordination. Usually, doctors are responsible for this condition by failing to diagnose an infection during the mother’s pregnancy, not noticing signs of fetal distress, providing below standard prenatal care, improper use of forceps or vacuum during delivery, or delaying a caesarian section.
Another common injury that occurs due to medical negligence is erb’s palsy, also referred to as brachial plexus paralysis, which is an injury to the baby’s arm which causes weakness or paralysis of the muscles. It usually occurs when doctors use excessive force over the infant’s head or shoulders during a difficult delivery, resulting in temporary or permanent nerve damage. While some children can recover by themselves within a few months of birth, others may require physical or occupational therapy, whereas those with severe cases requiring surgery to repair damaged nerves.
What Should You Do If Your Child Has Suffered a Birth Injury?
Doctors and healthcare professionals are bound to provide medical services as per established standards. If they are the cause of a birth injury to your baby, then they are at fault and should be held to account as per the law. Therefore, if you suspect that your baby suffered a birth injury caused by the doctor’s negligence, you may want to seek legal representation by approaching someone skilled and experienced in dealing with personal injury law matters. In addition to the emotional trauma one goes through as a consequence of these tragic events, they can also be financially devastating for many families. Depending upon the severity of your child’s condition, it may require several years of treatment or even lifelong care.
While nothing can make up for your emotional turmoil and the child’s lifelong disorder or disability, financial compensation acquired from a legal claim can be of great help to your child’s treatment. Your birth injury attorney can help file a medical malpractice lawsuit claim against the medical professional responsible for the child’s birth injury. Ultimately, if the doctor’s malpractice is proven, you could be entitled to monetary as well as intangible damages that you suffered as a consequence of negligence beyond your control.
According to statistics, almost 7 out of 1000 babies born each year suffer from a birth injury. While each case differs, many birth injuries are preventable with the proper medical care and attention. Unfortunately, doctors and other healthcare providers often fail to adhere to the medical standards they are bound to practice their profession.
Whereas some injuries are minor and short-lived, some can result in health conditions requiring long term care. In such a scenario, being compensated for what you are entitled to could prove to be a huge relief and prevent further hardships that may otherwise exist in your life in the form of financial woes.
Tags: Birth Injury, brachial palsy, caput succedaneum, cerebral palsy, erb’s palsy, medical negligence, nerve damage, perinatal asphyxia, theclarklawoffice
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