Birth Injury Lawsuit
A birth injury is extremely sad, especially if it is preventable. A birth injury may cause a severe and possibly permanent disability for the child or result in death. A birth injury may also negatively affect the mother. If healthcare providers, such as nurses, doctors, or other medical personnel, are responsible for the baby’s or mother’s injuries, a birth injury lawsuit may be advisable.
If you or your baby suffered an injury during birth, get a free consultation from an attorney to decide if a birth injury lawsuit is possible.
Types and Causes of Birth Injuries
A birth injury may be caused by a “breach of the duty of care.” An example of failure to uphold the duty of care is doing something or not taking action that causes preventable harm to the baby during birth. This may happen by making a mistake or bad medical decision.
Circumstances that indicate a potential breach of the duty of care include:
- Pharmaceutical Errors: Prescribing or giving improper medications/treatments during pregnancy, during childbirth, or afterward.
- Misdiagnosis: Harm caused by a medical condition that is not diagnosed (overlooked through negligence) or incorrectly diagnosed for either the mother or the baby.
- C-Section: Failure to perform an emergency C-section when a difficult birth requires it.
- Disability: Birth injuries may cause cerebral palsy, Erb’s palsy, and other medical conditions and disabilities.
An example of a serious birth injury is Cerebral Palsy. This condition comes from damage to the baby’s brain. It impacts motor functions that control posture, balance, and the ability to move or walk. There is no cure for this lifelong condition. Cerebral and other forms of palsy can be caused by a birthing process, which deprives the baby of sufficient oxygen. Another cause is a doctor who uses excessive force during the birth or fails to perform an emergency C-section in a timely manner. These mistakes may cause a baby to suffer brain damage.
Why file a lawsuit?
When medical personnel breach their duty of care and cause an easily preventable birth injury, they need to be held accountable for their mistakes. The suffering that this causes from a child having a permanent disability or dying is a very emotionally devastating experience. A permanently disabled child is an expensive problem for the parents. There may be significant medical expenses for surgeries, medications, therapies, and long-term care costs.
Each circumstance surrounding a particular birth injury is unique. Insurance companies have settled for large amounts of damages in the many millions, and juries have awarded tens of millions of dollars in judgments.
Types of Lawsuits for Birth Injuries
There are two categories of birth injury lawsuits, which are malpractice and wrongful death.
Malpractice Lawsuit
If a healthcare practitioner makes a mistake that goes against the standard of care and harms the mother and/or the baby, this may justify a medical malpractice lawsuit. A malpractice lawsuit can be brought against the healthcare provider, the medical facility, and any insurance coverage they carry for malpractice.
Wrongful Death Lawsuit
If the baby and/or mother die due to failure of the medical practitioners to meet the standard of care or mistakes that they made, a wrongful death lawsuit can seek to recover financial compensation for the death(s).
Contact an attorney today!
Get immediate help if a loved one died from giving birth or your baby was injured or died by calling (281) 475-4535. You can also contact a birth injury lawyer by filling out the web form for a free consultation.