Pregnancy is difficult enough without the risk of many things going wrong during the gestation period, delivery, or immediately after birth. Parents are understandably anxious during those times because many babies suffer injuries when they’re born.
Statistics from the CDC show that injury is one of the five leading causes of infant death.
Although there’s a risk of accidents happening to a newborn during the delivery process, there are cases when negligence is the cause. You have the right to take legal action if your child has health and disability issues because a medical professional didn’t exercise due care during pregnancy, childbirth, or the post-natal period.
The flcrimedefense website has more details about your recourse under the law.
But first, here’s some information that you, as a parent, should know regarding birth injuries.
Types of Injuries
There are many potential injury risks to newborns. Some of the common ones include:
♦ Cerebral Palsy – this is a disorder that affects mobility, balance, and mental and physical development.
♦ Perinatal asphyxia – this condition occurs when there’s a lack of oxygen flow to the brain.
♦ Bone Fractures – during a difficult delivery, doctors would use forceps to extract the fetus. If not done well, it can lead to injury to the clavicle and skull.
♦ Improper use of Pitocin – this drug induces labor but can cause a uterine rupture and harm the baby.
♦ Jaundice – if doctors don’t diagnose jaundice and treat it promptly, a severe brain condition can develop and leave a child permanently impaired.
♦ Wrongful death – babies can die due to negligence during pregnancy, delivery, or soon after birth.
Negligent Causes of Injuries
It’s a sad truth that one mistake by a medical professional can harm your baby for life.
Some of these negligent actions include failure to:
♦ Monitor the vital signs of the fetus.
♦ Perform an emergency C-section when needed.
♦ Diagnose infant jaundice and treat it promptly.
♦ Properly use birth delivery equipment and tools.
♦ Handle the baby correctly and dropping it.
The Legal Process
If you’re thinking of instituting a lawsuit, you must understand that it’s a complex case. Consult a birth injury lawyer who has experience in that area.
It’s essential to choose a legal pro who also has medical professional connections. You’ll need an expert assessment of the situation to determine if negligence is the cause of your child’s condition.
The process you’ll go through with your attorney includes:
♦ Determining who’s responsible for the injury. Attempting to sue the wrong party is a waste of valuable time. You’ll probably lose the case.
♦ Gathering proof that the potential defendant owed you a duty of care.
♦ Compiling evidence that there was a failure to exercise that responsibility.
♦ Proving, with the aid of a medical expert, that negligence is the cause of your baby’s injuries.
Potential parties of the suit include:
♦ Hospital employees
♦ The medical facility
As soon as you discover any complication arising from a birth injury, seek legal advice. If you wait too long, you might lose the opportunity to sue.
Shift Frequency © 2021 – Understanding Birth Injury
and What to Do