When something unexpected occurs during delivery and labor, the mother or baby may sustain injuries that would have otherwise been preventable. Parents are supposed to be basking in the joy of their child being born, not broken by the fact that something may be seriously wrong with their baby because of a doctor’s error. Doctors and other medical staff may have committed grave mistakes, which ultimately led to injury or death. Most birth injuries affect the newborn, but mothers can also suffer from harm if the doctor did not take proper action for the following:
- Uterine rupture
- Undetected or untreated preeclampsia
- Medical tools being left inside mother
- Anesthesia complications
- Failure to control bleeding
- Damage to organs from surgical instruments
The first step in taking action for a medical malpractice lawsuit related to birth injury, is to talk with a lawyer about your case. During a consultation, it will be important to bring as much evidence and documentation that shows how the mother and/or child was harmed. What your lawyer will do is assess whether the doctor’s action, or negligent inaction, is what led to the injury of the newborn or mother. If there is enough reason to file a lawsuit, a lawyer can then guide the family from there on how to seek restitution, similar to a medical malpractice lawyer families depend on from Dave Albo.
For birth injury cases specifically, there are signs that parents can watch out for that may mean their baby sustained injury due to medical negligence:
- Low oxygen level
- Excessive drooling
- Arched back while crying
- Difficulty swallowing, eating, or suckling
- Facial nerve injury
- Low heart rate
- Muscle looseness or stiffness
- Skull fractures
- Absent or weak reflexes
- Excessive fussiness
- High-pitched crying or grunting
- Hand curled in shape like a claw
- Sensitivity to light
The primary factors in all medical malpractice cases is whether the doctor owed a duty to the patient, that the doctor’s mistake or oversight led directly to harm, and that there are quantifiable damages that resulted. Of course, a monetary settlement in a lawsuit cannot undo what happened and the consequences of a mistake, but at the very least it can provide the funds needed so that mother, child, or other family members can get through this difficult time without worrying about financial hardship.
For a medical malpractice lawsuit to be valid, it’ll need to be shown that a qualified doctor in similar circumstances to the incident would have not committed the same mistake as the first doctor had. There are expectations within the medical community that require a certain level of care being offered at all times. So if a doctor strays from these standards and a patient is harmed, then they may be liable for injury and other damages.