Filing a Medical Malpractice Claim for a Birth-Related Injury

Although childbirth can be a thrilling moment in the lives of many parents, an injury to a child can be devastating for everyone concerned. If health professionals make mistakes or fail to provide appropriate care either a child or mother may be hurt.

Gordon & Partners’ medical malpractice attorneys discuss birth injuries and the circumstances under which hospitals could be held responsible. Should you, or your baby has suffered injuries related to birth, book an appointment at no cost to talk with one of our legal team regarding your case.

Types of Birth Injuries

Birth injuries can occur to babies during labor and birth. Some types of birth injuries include:

  • Cerebral paralysisCerebral palsy Cerebral PalsyThis is often caused by infection of the mother, infants as well as strokes of infants, and deprivation of oxygen to the newborn during the birthing process. Cerebral palsy is a condition that has the potential to affect the child’s mobility, balance and posture. It can also cause many cognitive problems.
  • Brachial plexus injuriesThe condition develops when the infant’s upper arm is injured in the course of birth. It causes arm weakness and inability of the infant to make use of specific arm muscles.
  • Erb’s PalsyThis is a type of nerve injury that may occur in the brachial nerve, which causes weakness, numbness or loss of mobility in newborns’ arms. Most infants recover via the use of physical therapy or surgery.
  • Hypoxic-ischemic Encephalopathy HIE results from the infant’s brain isn’t receiving adequate oxygen in labor and birth. The infant could experience brain cell death or brain damage, cerebral palsy, or developmental issues epilepsy and death.
  • Persistent pulmonary Hypertension of the infant PPHN occurs when the flow of blood to the fetus gets cut off. The infant will be unable to breathe. It could be by a mother who has consumed hazardous medications while pregnant or untreated infections in the mother, or an unneeded Cesarean section birth.
  • Caput succedaneumCaput succedaneum Caput succedaneum-This can be described as the swelling on the infant’s scalp. It is usually caused by pressure on the head during birth or a delivery with a vacuum.
  • Cephalohematoma Cephalohematoma CephalohematomaCaused by the delivery of vacuum this problem causes blood gather between the skin and the bone in the cranial area. Cephalohematoma may cause jaundice.
  • FracturesFractures Fractures in HTML0The baby’s clavicle can be at risk of breaking in the first few days of birth. This can be due to a inability to recognize delivery issues.
  • Hemorrhage of the subconjunctiva The pressure applied to the body of the newborn during birth could cause blood vessels of the eye to break and form a red spot in the eye’s white.

When a Hospital is Liable for Medical Malpractice

Although some birth injuries can’t be reversed, some result from negligence. If a birth injury result from a doctor’s or hospital’s negligence parents of the child who was injured might be able pursue medical malpractice claims for damages.

A hospital could be held accountable for injuries to the baby in the event that the hospital failed to:

  • Examine the credentials of the physician who is attending to provide delivery
  • Adequately staff the delivery and labor for top-quality care to both mother and baby.
  • Make sure employees adhere to the treatment guidelines provided by the mother’s doctor
  • Conduct any required clinical tests
  • Maintain accurate medical records for the mother and baby.
  • Accept or discharge the requirements for mother and the infant.
  • Use the accepted medical standards of care during labor and delivery.
  • Monitor the mother and baby during labor and birth.

Learn More About Taking Legal Action

If your child has suffered birth-related injury, think about making contact with the West Palm Beach medical legal expert with our company to talk about the possibility of filing a medical malpractice lawsuit. You could be eligible to receive compensation to with the cost of therapy, home medical aids, as well as other services or treatments that your child may require.

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