Birth Injury Lawsuits and Medical Negligence
A baby who suffers injuries at or around the time of birth due to medical or nursing negligence can suffer serious and permanent disabilities. Birth injuries can occur from improper prenatal care or care during the labor and delivery process. Birth Injuries are devastating because they may result in permanent physical, cognitive, psychological, and social consequences. A birth injury often results in a child needing extensive medical care and supervision for life.
There are many different types of birth injuries that a baby may suffer as a result of the negligence of a health care provider. Here is a list of common birth injuries:
- Hypoxic-Ischemic Brain Injury (Caused by lack of oxygen and blood flow to the brain)
- Brachial Palsy (Occurs when the group of nerves that supplies the arms and hands is injured)
- Cerebral Palsy
- Brain Damage
- Intrauterine Fetal Demise/Stillbirth
One in Every 33 Babies
According to the Center For Disease Control and Prevention, birth injuries affect one in every 33 babies (about 3 percent of all babies) each year in the United States. It comes at no surprise that Obstetrics and Gynecology is considered a high risk field in Medical Malpractice.
When Negligence Causes a Birth Injury
There are instances in which a birth injury is caused by some factor that could not be controlled or that the doctor could not have prevented. Sometimes, though, the birth injury is caused by something preventable, a doctor, or other staff member’s error.
Medical negligence occurs when a healthcare professional’s performance falls below the standard of care expected in the medical community.
Birth Injuries that are caused by Medical Negligence may be caused by:
- Improper Forceps Use
- Improper Vacuum Use
- Delay in Ordering a Caesarian Section
- Failing to properly use the labor-inducing drug Pitocin
- Neglecting to perform specialized tests during pregnancy
- Failing to perform sufficient prenatal testing
How Do I Know if My Child Was Injured Due to Medical Malpractice?
The team at Wade Law works alongside medical experts when reviewing this information to determine whether medical malpractice partially or completely caused you child’s injury. If the expert believes that the doctor failed to meet the standard of care when delivering your child, a birth injury lawsuit may be viable.
How Much Is Your Birth Injury Case Worth?
The settlement value of a birth injury case is a function of two variables:
- Most likely average or median verdicts; and
- Chance of Success at Trial.
When a child suffers a severe birth injury as a result of medical negligence, the family may be entitled to monetary damages. Damages provide compensation for losses suffered as a result of the medical provider’s negligence. Compensation can cover both monetary losses and intangible losses such as a decreased quality of life. Damages for the following may be available in a birth injury lawsuit:
- Past and Future Medical Expenses
- Additional healthcare costs (therapy, counseling, in-home care, special vehicles, home modifications)
- Lost Wages
- Pain and Suffering
- Loss of Society and Companionship
- Loss of Life’s Enjoyment
Call (815) Wade-Law for a Free and Confidential Consultation