You and your family have done everything to prepare for the new addition. You bought the diapers and bottles, you prepared the house, and you read the “how to” books. But what happens when the birth doesn’t go according to plan? What happens if the doctor or hospital makes an error during delivery and the baby or mother is injured leading to pain and suffering, higher medical bills, and even lost wages? To help you through this difficult time, contact the experienced and dedicated birth injury attorneys at The Buckley Law Group. We will help you navigate the legal aftermath to hold responsible those accountable for your suffering and fight for your owed compensation.
Common Causes of Birth Injuries
The birthing process is strenuous for both mother and baby, and it can be dangerous. Obstetricians are trained to handle potential complications; however, when they overlook risks or fail to monitor necessary vitals, the likelihood of injury greatly increases. Common causes of birth injuries include:
The Improper Use of Birthing Tools
Birthing instruments such as vacuum extractors and forceps have been used for years, assisting many successful births, but when improperly wielded at the hands of a negligent doctor, they cause serious harm. During the birthing process, mothers are in danger of injuries including lacerations, anemia, and internal hemorrhaging from the mishandling of these tools.
They also pose serious risks to the baby. A vacuum extractor helps guide a baby out during a difficult labor by applying a cup to the baby’s head and using suction to pull; however, if the baby is too large or too far up the birth canal, the vacuum extractor may cause skull fractures and retinal hemorrhages among other injuries that can result in life-long disabilities. Forceps, a tong-like tool that wraps around a baby’s head, pose similar risks as well when mishandled.
MISTAKES DURING A CAESARIAN SECTION
Caesarian sections (C-sections) are often used to ensure a safe delivery when complications arise such as fetal distress, placental eruption, and preeclampsia; however, this surgery may lead to further problems. Infants may suffer from lacerations and fractures as well as run an increased risk of developing respiratory distress syndrome post-delivery. An overdue C-section may result in delayed physical development and even brain damage or cerebral palsy in the baby due to the lack of oxygen.
And if not properly monitored, mothers can experience infections, blood clots, or hemorrhaging. An emergency hysterectomy may even become necessary, depriving the mother of her fertility without her consent.
OTHER COMMON CAUSES
While there are many circumstances in which a birth injury may occur, a few more common situations include:
- Failing to monitor the baby’s oxygen level
- Mishandling the infant, resulting in physical injuries
- Administering the wrong medication
- Failure to progress a long labor or induce delayed labor
ELEMENTS OF BIRTH INJURY MALPRACTICE
When targeting educated doctors and nurses, it can seem impossible to pursue a case and win, but it is possible when you find the right attorney to represent you. To successfully file a birth injury malpractice claim against your health care providers, your attorney must demonstrate the providers acted negligently. The necessary elements involve:
- The doctor/medical professional owed a legal duty of care to you and the baby.
- The doctor/medical professional breached their legal duty, their conduct falling below the accepted standard of medical care.
- The doctor/medical professional’s breach of duty and standard of care caused the injury.
Hire an attorney you trust that will be able to prove these elements in the court of law and hold the negligent party responsible for your pain and suffering.
CONTACT THE BUCKLEY LAW GROUP TODAY FOR A FREE CONSULTATION
At The Buckley Law Group, our attorneys understand that when a birth injury occurs, it not only causes severe emotional and physical distress, but there are financial consequences as well. That’s why we commit ourselves to ensuring you receive the compensation you deserve. These damages can include past and future medical expenses, lost wages, pain and suffering, loss of companionship, and additional health care costs for necessary therapy, medical equipment, or counseling.
If you or a loved one was injured because of a birth injury, call or contact The Buckley Law Group today for a free consultation.