Seeking Justice After a Birth Injury

medical errors

The birth of a child should be the most joyful time in any parent’s life. Fortunately for most families, child deliveries generally go smoothly. But sometimes, complications arise during delivery that can result in injury to the baby. As many as seven out of every 1,000 children born in the U.S. will suffer a birth injury. A substantial number of birth injuries could have been avoided and occur as a result of physical trauma or medical negligence. Cerebral palsy is just one example of an injury that an infant may suffer during birth. A birth injury such as this can happen as a result of a number of different factors, with oxygen deprivation being one of the most common.

Causes of Cerebral Palsy

There are currently around 764,000 children and adults living with cerebral palsy in the U.S. today. Cerebral palsy can occur when the area of the brain used to control movement becomes damaged or doesn’t develop normally. This can happen either before, during or soon after birth. It can also happen within the child’s first few years after birth, while the brain is still far from fully developed. Cerebral palsy has no cure and is physically and neurologically debilitating for those affected. Treatment is generally focused on managing the condition and maximizing the quality of life.

Birth Injuries And Medical Malpractice

Each case involving birth injuries can vary greatly. However, many situations occur as a result of the doctor’s failure to evaluate or respond appropriately to injuries or conditions to prenatal care. A child born with cerebral palsy, for example, may have been oxygen deprived during labor resulting in an avoidable birth injury. The condition can also occur due to a lack of blood to the brain, injuries during birth and infections following birth. Investigations carried out by cerebral palsy lawyers often uncover medical negligence that might involve a doctor or medical staff ignoring, misinterpreting or overlooking warning signs from fetal heart monitors. A failure to resuscitate a newborn or a failure to provide appropriate care when using a vacuum extractor or forceps during delivery. There can also be significant consequences if there has been a delay in performing a C-section or misdiagnosis of the fetal position in the uterus.

Seeking Legal Help After Birth Trauma

If you decide to bring a lawsuit against the doctor or medical facility for birth injuries caused to your child, your attorney will have to prove that the medical specialist failed in their legal duty of care to your infant which brought about harm to your child. Acting on your behalf, your lawyer will need to be able to show that the medical providers failed to provide adequate care to your child. For a medical professional to be found legally at fault, it must be demonstrated that their actions were below the accepted standard of medical care. Once your attorney has taken on the case they will likely consult with an independent medical expert to review the case and provide additional support to your evidence.

Birth trauma can have devastating and life-changing consequences, seeking justice is not only important to ensure that your family gets justice. It holds those responsible to account for their actions and could play a huge part in stopping another family going through the same experience.

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