What Legal Options Do Parents Have When Their Child Suffers A Birth Injury?

pregnant couple posing with bump

From the time we enter this world until the time we leave, we all depend on medical professionals to keep us healthy. When we’re parents preparing to bring a new life into the world, we trust nurses, doctors, and other professionals to make sure our child is born healthy and without any serious complications. Most of these professionals consistently do their jobs well, but this isn’t always the case. Occasionally, medical errors result in birth injuries, which can have lifetime consequences for both the child and their family.

Families of birth injury victims often wonder if the injury could have been avoided. Sometimes, a birth injury occurs due to unpreventable circumstances. But in many cases, serious birth injuries are the result of medical negligence. Raising a child with health complications from a birth injury can take a serious personal and financial toll on the entire family. If you believe your child’s injury could have been prevented by a higher standard of medical care, you could have grounds for a medical malpractice lawsuit. These lawsuits provide financial compensation for both economic and noneconomic losses suffered due to medical errors.

Proving Negligence In A Birth Injury Malpractice Lawsuit

Healthcare professionals all have a legal obligation to meet the medical standard of care. This term refers to the accepted practices and methods of a professional’s chosen field. In a medical malpractice case, investigators will work to determine if another qualified medical professional could have prevented an injury or illness by handling the situation differently. If the answer is yes, then the medical professional named in the medical malpractice claim may be considered medically negligent. All malpractice cases rest on proving this question of negligence.

In order to have grounds for a lawsuit, you and your lawyer must prove three things:

  • You had a doctor-patient relationship with the doctor named in the complaint
  • The doctor failed to meet the medical standard of care
  • This failure to meet the standard of care directly resulted in your child’s birth injury

An established Bronx medical malpractice firm will have contacts with medical professionals who can help establish negligence on your behalf. If your matter goes to court, they’ll define the medical standard of care, explain how the defendant broke this standard, and how this violation directly resulted in an injury, illness, or other health complication.

Common Forms Of Negligencepregnant woman holding stomach

Medical negligence during any part of pregnancy, labor, or delivery can result in serious health problems for both the child and their mother. Although childbirth is considered much safer than it was several decades ago, 76 infants still suffer birth injuries every day in the United States. Some common forms of medical negligence cited in birth injury malpractice lawsuits include:

  • Failure to closely monitor the pregnancy, resulting in a failure to identify and treat fetal health problems
  • Failure to identify or effectively treat maternal health conditions which could result in birth complications (like high blood pressure or infections)
  • Misuse of forceps, vacuum extractors, and other assisted delivery tools
  • Failure to order a medically necessary C-section, which would have prevented birth complications
  • Failure to properly respond to birth complications, such as an infant being choked by an umbilical cord

The cause of a birth injury usually isn’t clear right away. In order to determine if medical negligence played a role, medical records and other evidence will need to be reviewed by a medical professional in the same field as your physician. Individual healthcare professionals and the facilities which employ them can both be held liable for damages if their negligence was the main cause of your child’s birth injury.

What Are The Most Common Birth Injuries?

Birth injuries have the potential to cause lifelong health complications and disabilities for the child. Some of the more serious complications related to birth injuries include:

  • Cerebral palsy
  • Erb’s palsy
  • Brachial plexus injuries
  • Traumatic brain injuries
  • Hypoxic-ischemic encephalopathy (HIE)
  • Wrongful death

In a medical malpractice lawsuit, financial compensation is available for all economic and noneconomic losses related to your child’s injury. This includes medical bills, lost wages, loss of quality of life, pain and suffering, and more.

Taking Legal Action After A Birth Injury

If your child suffered a serious injury before, during, or shortly after birth, it’s important to understand your legal rights. You may be feeling angry, frustrated, and confused about your options. As mentioned above, establishing medical negligence as the primary cause of a birth injury is a complicated process. This is why it’s crucial to enlist the legal guidance of a reputable personal injury firm with experience in medical malpractice cases and contacts with medical experts.

The Bronx birth injury malpractice lawyers at Lipsig, Shapey, Manus, and Moverman can help you learn more about your right to financial compensation in a free consultation. We’re prepared to gather evidence on your behalf and work with medical experts to build a strong case for a settlement or court verdict. If you’re ready to take legal action after your family has been affected by a potentially preventable birth injury, get in touch with us today.