Most couples begin planning as soon as they realize they are expecting a child. It is quite a fascinating experience, even though giving birth is not without risks. Sadly, sometimes mothers and their babies suffer life-threatening birth injuries during childbirth, leading to a devastating experience.
The process becomes significantly more painful and upsetting if the birth injury results from medical malpractice. Parents may even begin to wonder whether the birth injury was unavoidable. Now that begs the question. Does a birth injury warrant a case, and how strong is the case?
Consult with a lawyer to review your case’s facts and advise you accordingly.
Parties That Can Be Held Liable In A Birth Injury Claim
● Family doctors or obstetricians
- Specialists
- Anesthesiologists
- Midwives and nurses
- The healthcare facility
- Manufacturers of defective medical equipment
- Pharmaceutical companies
In most cases, determining who should be liable for a birth injury is not simple. A birth injury attorney must prove to the court that a doctor or any of the above parties’ failure to provide a reasonable standard of care led to a birth injury.
Elements Of A Birth Injury Claim
Birth injuries fall under personal injury claims. It is worth mentioning that not all birth injuries result from medical malpractice. The causes of most preventable birth injuries include the following:
- Inappropriate use of equipment
- Wrong decisions made by healthcare providers
- Poor delivery techniques
Here are some elements you can consider to determine whether your case is solid.
There Was A Breach Of Duty Of Care
Duty of care is one of the critical elements of personal injury law. If someone is responsible for your birth injury, they first owe you a duty of care. As such, they are obliged to prevent you from experiencing any harm.
In the healthcare industry, doctors, nurses, and midwives owe a duty of care to their patients. In that case, a healthcare provider may be considered negligent if they should take care of you and your unborn child during birth and breach that duty of care.
You Or Your Baby Were Injured In The Process
You must prove to the courts that the healthcare provider caused your injuries due to negligence. Their actions and damages must be directly related. Establishing the proximate cause or the predictability of the injuries will enhance the strength of the case.
Furthermore, you or your baby must be hurt, and it only makes sense to see another doctor who will write a report to showcase your injuries. The medical doctor should assess your situation and provide documentation alongside offering a treatment plan. In addition, you must provide evidence in court, as it’s pretty difficult to prove a claim by merely presenting photos or videos.
If Your Baby Suffered Birth Injuries Caused By Medical Negligence
If you notice the following birth injuries, consult a professional birth injury attorney immediately:
● Cerebral Palsy (CP)
CP is characterized by damage to a developing brain. One of the most common causes of acquired CP is medical malpractice. This disorder occurs when a healthcare professional fails to keep a mother and their unborn child safe and in the most effective way possible. You might be eligible for compensation if you consult a birth injury attorney should you encounter such a scenario.
● Hypoxia
Hypoxia is a condition that occurs in an unborn child when enough oxygen fails to reach the tissues. Hypoxia can also occur when infection or the child’s placenta is damaged. In other instances, hypoxia is caused by a medical professional’s failure to take action leading to acidosis, physical disabilities, and even death in worst-case scenarios.
● Kernicterus
Kernicterus is caused by excess bilirubin, making jaundice appear more severe. It occurs when a doctor fails to identify toxic bilirubin levels that eventually leak into the brain. In truth, this condition becomes tragic because the doctor concerned could have otherwise prevented it. In that case, medical negligence is to blame.
As a parent, it is imperative to understand the facts about kernicterus as there seems to be an entire vocabulary to learn. The good thing is that a professional birth injury attorney can help you answer the most pressing questions if your child suffers injuries due to kernicterus.
● Hypoxic Ischemic Encephalopathy (HIE)
It is also devastating when an infant is diagnosed with Hypoxic ischemic encephalopathy. When the body suffers from oxygen deprivation, it can compensate for brief periods of low oxygen levels. However, if oxygen deprivation lasts too long, the brain tissue is damaged, leading to more severe impairments among infants.
HIE is also associated with drastic long-term costs for the affected patients. When medical malpractice is involved, parents feel betrayed by the medical professionals they trust to ensure that a proper standard of care is provided. Consulting an attorney can go a long way in ensuring you get compensated.
How Can A Birth Injury Attorney Assist You?
A professional lawyer will typically take on a case in which the child or the mother suffered a severe birth injury like the ones mentioned above. This only happens if you have solid evidence of medical malpractice. The lawyer will conduct thorough investigations into your claims, gather health reports concerning you or your baby, and subsequently look for evidence supporting medical negligence.
They will achieve this by hiring expert witnesses, such as doctors, who will review your case and offer their opinions. If medical malpractice occurs, your attorney can file a birth injury claim against the parties involved.
Turn To A Professional, Reliable Birth Injury Attorney
If you have a birth injury case and are unsure whether your case is solid enough to warrant a lawsuit or make a claim, an experienced birth injury attorney can advise you on the next steps. In truth, taking care of a child who has suffered brain damage due to a birth injury is costly. Money cannot ease the pain you and your child have suffered, but it is imperative to take action by seeking the help of an attorney. At best, you may be entitled to compensation you didn’t know about.