Birth Injury

What constitutes as medical malpractice, when referring to injuries that arise during the birthing process?

If the doctor or any member of the attending staff makes an unnecessary error during the birth of your child, it may constitute as medical malpractice. If an error on their behalf led to an otherwise avoidable injury, or worsens the status of a pre-existing condition, then the medical staff may be held liable for the damages. While delivering babies, doctors must try their best to both foresee possible complications and handle any problems that arise. If negligence or malicious intent can be proven as the origin of your baby’s injury or illness, you may be entitled to compensation that could extend beyond just your medical bills. It should also be said that post-natal injuries may arise. If a newborn isn’t properly cared for after delivery, this may also cause harm.

Here’s a partial list of birth injuries that’ve been known to lead to medical malpractice suits in the past:

  • Brachial Palsy Injuries: Palsies such as Erb’s and Klumpke’s arise when the group of nerves in the brachial plexus (responsible for the movement of the arms and hands) is compromised during birth. An injury to this area can cause permanent nerve damage to the shoulder and in severe cases could require surgery in order to be repaired.
  • Cerebral Palsy: Improper handling of a baby during the birthing process can lead to brain injuries, which themselves can result in Cerebral Palsy. Cerebral Palsy (or CP) is a general term referring to permanent control and movement problems in the body, though it also presents with other afflictions.
  • Bruising and/or Forceps Marks: Too heavy a touch with forceps can cause harmful bruising on your baby’s skin. Doctors and nurses must take special care to delicately handle a newborn.
  • Perinatal Asphyxia: If a newborn is deprived of oxygen during the birthing process, it may lead to developmental delays later in life.
  • Injury-Causing Delayed C-Section: A doctor may unwisely postpone a C-section. Doing so could lead to brain damage.
  • Caput Succedaneum: Most often found during vacuum extraction births, caput succedaneum is an extreme swelling of the skull of a newborn.
  • Overdose of Dilantin: It is a doctor’s responsibility to accurately gauge the dosage of medications and administer them properly.

We at Kaplan Lawyers PC could not fathom the plummeting feeling of the most joyous day of your life turning tragic. There are no words that could express the deeply felt hurt of your experience. In fact, there isn’t anything that’d wholly make up for your pain and heartache.

We can however, provide legal expertise that will improve greatly your chances of securing the compensation that you deserve.

Not all birth injuries, however, are a result of medical malpractice. Unfortunately, there are times when harm or illness was inevitable, and there was simply nothing the delivering doctor could have done. We can help distinguish between unavoidable occurrence and preventable accident, which is the necessary first step in mounting these types of cases. If negligence can be proven, we will help you gain the maximum amount of compensation.

As we said, there is nothing we can do that will fully ease your suffering and pain. What we can provide is a compassionate and experienced team of attorneys, willing to stand by your side throughout the duration of your legal process. Someone to turn to for answers and support. If you’re unsure where to begin, we can inform you of your rights and help illuminate your position during one of our free consultations. Contact us today.