How to Determine if a Birth Injury Needs Legal Action

Every mother’s joy is to have a healthy child, but it’s not always the case because the baby may get injuries caused by the doctor’s negligence. Learn more about how a parent can file an injury lawsuit against a medical practitioner or the hospital in such an instance.

What Causes Birth Injuries?

Doctors are human, and they are bound to make mistakes that may cause injuries to the baby during birth. But in some cases, the baby may develop congenital disabilities caused by genetics or other factors. Doctors are not responsible for congenital disabilities, and thus you cannot pursue a lawsuit. Causes of birth injuries are:

  • Abnormal fetal position at birth, such as breech, head-up, etc. which may cause a difficult birth

  • Heavier infants weighing over 8 pounds make the delivery process difficult.

  • Difficult or prolonged labor and delivery

  • Physical injury to the baby during delivery and immediately after birth

  • Women with abnormally shaped pelvis may have a difficult birth

  • Medical negligence

How to Ascertain if Medical Negligence Occurred

Various birth injuries can occur during labor and delivery. Some are unavoidable, while others can be prevented by the doctor’s timely response and care during delivery. The usual birth injuries caused by medical malpractice are; spinal cord injuries, cerebral palsy, Erb’s palsy, swelling and bruising, death, brain damage, infection, and a fractured skull.

A medical doctor is supposed to diagnose the baby’s condition while in the womb and the mother’s health. If they fail to cure maternal infections, diabetes, and preeclampsia during pregnancy, these conditions may affect the baby and mother, leading to heart issues and seizures during childbirth.

Similarly, medical practitioners may fail to act accordingly during a complicated delivery by:

  1. Wrongful handling of birth equipment during forceps delivery

  2. Failure to conduct a necessary C-section during emergencies

  3. Exerting excessive force while pulling or twisting the baby during birth

  4. Failure to detect a distressed baby

However, to claim a birth injury compensation, an attorney must prove that the birth injuries were caused by medical negligence. To strengthen the lawsuit, a lawyer should do the following;

  • Provide a medical record of the mother’s treatment during pregnancy and the documents that indicate that the baby indeed suffered injuries. Doctors have a legal duty to care for the mother during pregnancy.

  • Provide eyewitness testimony from the doctors and nurses present during delivery and ask them how well they would have tackled the issue if they were in such a situation.

  • Give evidence that the baby’s condition is not a developmental case and that the doctor neglected the baby or the mother during delivery.

  • The victim should prove a doctor-patient relationship during pregnancy or delivery and that the doctor’s conduct was below the expected standards.

Learning your baby has a medical issue that may not be treatable can be very traumatizing, especially when you realize it was caused by medical malpractice. Parents may incur financial constraints when seeking medical care, and that’s why it is necessary to seek a reputable birth injury lawyer’s services and get compensation.

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