Many Birth Injuries are Preventable

Birth injuries have physical and emotional consequences. It places a financial hardship on families and leaves many uncertainties regarding the child’s future.  When a birth injury is caused by the negligence of a doctor or another healthcare provider, the family may be able to recover compensation for these costs through a medical negligence claim.

Our birth injury lawyers have seen families struggle with the costs of providing physical therapy, special schooling, and other care needed for their children. With more than 20 years of experience handling birth injury claims, our injury lawyers can examine your claim carefully and determine whether your doctor took proper care during delivery and the amount of damages that may be owed for your losses.

Was your child harmed at birth? If so, our birth injury lawyers at Preston & Salango may be able to file a claim against the medical professional who delivered your child. To find out if you could be owed compensation, fill out our free case evaluation form.

Birth Injury Lawsuits & Medical Negligence

When an infant suffers a birth injury, the child’s parents may be able to file a medical malpractice claim against the doctor or medical professional who delivered the baby. To have a valid claim, negligence must have led directly to the birth injury.

Medical negligence occurs when a healthcare professional’s care falls below certain standards of care for a similar healthcare provider. Our birth injury attorneys have extensive experience in handling these types of lawsuits and can determine whether your child was injured due to medical malpractice.

Birth injuries that are caused by medical negligence may be caused by:

  • Negligent Use of Forceps: When a mother is having difficulty delivering her child or if the infant is improperly positioned in the womb, the attending physician may use forceps to help the child along. Proper use of forceps could reduce the child’s risk of oxygen deprivation and fetal distress, conditions that have been linked to cerebral palsy and other birth injuries. However, doctors have to be extremely careful, as forceps can cause nerve damage in the child’s neck or chest, and other, less severe injuries to the head.
  • Negligent Vacuum Use: When the mother is having difficulties expelling the fetus from the birth canal, a vacuum may be needed to assist her. Vacuums can be latched onto a baby’s shoulder or head and guide the child through the birth canal. Doctors and nurses are responsible for properly placing the vacuum on the infant. When the vacuum is improperly used, severe injuries to both the mother and newborn can result.
  • Delay in Performing Caesarian Section: Emergency C-sections are ordered if the child is suffering from fetal distress. This often occurs when the child’s heart rate slows as a result of a sudden drop in the mother’s blood pressure, bleeding from placental abruption or other problems in delivery. If the delivery team fails to recognize that the mother needs to have a C-section delivery, they may be liable if their lack of perception causes injuries for the mother and/or child.
  • Hypoxia or Lack of Oxygen: During childbirth, hypoxia can be caused by a tangled umbilical cord, infection or damage to the placenta. Medical practitioners are trained to detect hypoxia well in advance and to take steps to eliminate the chance of harm to either the mother or child. If the doctor fails to notice the hypoxic event and take quick, necessary action to avoid injury, they may be liable for any resulting damages. If hypoxia is not quickly addressed, the child can develop chronic mental and physical disabilities.

Birth injuries may also stem from the following, which may indicate medical negligence:

  • Failing to properly use the labor-inducing drug Pitocin
  • Neglecting to perform specialized tests during pregnancy
  • Failing to diagnose or treat infections, placental abruption, umbilical cord entrapment, or premature rupture of the membranes
  • Neglecting to refer high-risk patients to doctors specialized in this area
  • Failing to note and address changes in the fetus’ condition
  • Failing to perform sufficient prenatal testing
  • Neglecting to communicate problems to doctors

If you suspect your child was injured during birth, contact the experienced lawyers at Preston & Salango or fill out our free case evaluation form.

Categories: Medical Malpractice, Personal Injury