What Should I Do if My Child Has Suffered a Birth Injury?
The labor and delivery process can be physically, mentally, and emotionally taxing for both mother and child. As the mother experiences a whirlwind of adrenaline, anxiety, and pain, it’s normal for her to automatically defer to her doctors during the delivery stage. But what happens when a doctor makes a mistake? And how can a mother tell if her child has sustained a debilitating and life-altering birth injury?
Birth Injury Causes
All medical professionals, including obstetrical care providers, have a responsibility to provide a reasonable level of care to expectant mothers and their unborn children. This includes monitoring a developing baby’s health, anticipating potential birth problems, and intervening when necessary during the delivery process.
Birth injuries are commonly linked to:
- Medication errors during pregnancy or the delivery process
- Negligent prenatal care
- Failure to monitor the fetus or respond to fetal distress
- Improper use of delivery instruments, such as forceps or vacuum extraction tools
- Delayed birth or extended labor
- Failure to monitor the infant for signs of distress
- Oxygen deprivation caused by internal or external forces
- Failure to provide oxygen to the newborn
- Delayed diagnosis of infant medical conditions
- Premature or postmature delivery due to improper dating
- Failure to perform a timely c-section
- C-section errors, such as organ damage, lacerations, or broken bones
- Improperly pulling, shifting, or twisting the baby during delivery
- Failure to notice or treat noticeable birth injuries
I Suspect My Child Suffered a Birth Injury
The best way to check for birth injuries is to pay attention to your child’s health, mobility, behaviors, and developmental milestones. Early detection is crucial, as some birth injuries can develop into lifelong disabilities that could impact your child’s quality of life. You need to seek medical attention immediately if you believe that your child has suffered a birth injury.
There are several deadly and debilitating birth injuries associated with medical malpractice, including:
- Spinal cord injuries
- Hypoxic Ischemic Encephalopathy
- Head injuries
- Bone fractures
- Cerebral palsy
- Perinatal asphyxia
- Bell’s palsy
- Obstetric brachial plexus injuries
- Shoulder dystocia
In a best-case scenario, proper and timely treatment can help your baby make a partial or complete recovery. For example, if your baby has a brain injury, the doctor can use a CT scan, EEG, or MRI to determine the severity of the damage and plan an ongoing treatment program.
However, medical care can be expensive, and you may need to take your child to a horde of pediatric specialists, brain injury specialists, and infant occupational therapists. As the child grows, they may require assistive education resources or placement in specialized institutions, especially if you and your partner both need to work. For this reason, it’s vital that you contact a qualified birth injury attorney once your child has been diagnosed by a medical professional.
Depending on your unique circumstances, you may be able to hold the following parties liable for your child’s injuries:
- Hospital or clinic
To secure a favorable case outcome, your legal team needs to evidence three key facts: the defendant was responsible for your infant’s care; the defendant violated that duty of care by harming your baby; the defendant’s negligent actions and/or choices are directly responsible for your child’s current condition.
If your lawsuit is successful, you may be able to recover the following damages:
- Past, current, and projected medical expenses
- Rehabilitation and therapy costs
- Pain and suffering
- Specialized equipment or housing modifications
- In-home care and special education expenses
- Lost wages to provide care for a disabled child
Explore Your Legal Options Today
Contact The Pittman Firm, P.A. if you’re ready to file a claim or have questions about birth injury cases. Our trial-tested legal team can investigate your case, identify the liable parties, and consult with medical experts to develop a litigation strategy that holds the negligent parties accountable for your child’s condition.
Contact The Pittman Firm, P.A.at (850) 764-0383 to arrange a free consultation today.