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)
Intrauterine Fetal Demise/Stillbirth
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 as no surprise that Obstetrics and Gynecology is considered a high-risk field in Medical Malpractice.
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
The team at Wade Law works alongside medical experts when reviewing this information to determine whether medical malpractice partially or completely caused your 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.
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)
Pain and Suffering
Loss of Society and Companionship
Loss of Life’s Enjoyment
Call for a Free and Confidential Consultation