Experienced medical malpractice lawyers usually represent their clients for several congenital disabilities and injury cases if issues arise during childbirth. One of the main reasons people file a medical malpractice claim is to recover the money they spent on medical bills and other related things. However, such cases are highly technical and need the knowledge and technical skill of a birth injury attorney to stand a chance of success.
Various injuries can happen during pregnancy, labour, or after birth. Additionally, some children even experience birth trauma during delivery. Hence, birth injuries are multifaceted. It is essential to add that these injuries are mostly unpreventable and not due to caregivers' negligence. However, if you are firmly convinced that the doctor could have prevented your child's severe harm during birth, you can hold them accountable with the help of an experienced legal professional like attorney Russell J. Berkowitz.
Types of Childbirth Errors
Medical errors have caused or aggravated birth injuries in many cases. They can cause permanent disfigurement for some affected children. Such mistakes include not responding adequately to bleeding, below-the-standard response to fetal distress, and not anticipating birth complications such as a child’s twisted umbilical cord. Further, not proactively ordering a cesarean section when medically essential can cause permanent damage to a child. Other errors include misusing vacuum extractors or forceps during childbirth and substandard post-delivery care.
Forms of Birth Injuries
One of the most typical birth injuries is shoulder dystocia. This injury can occur due to a healthcare provider's inadequate use of forceps during delivery. Apart from discomfort, the damage leads to a limited ability to lift the arm or hand. Usually, a baby battling dystocia cannot move their arm beyond the shoulder level. Brachial plexus damage and Erb’s Palsy are other shoulder and nerve injuries.
Many babies have also experienced mechanical or anoxic injuries due to a lack of oxygen to their brains during delivery. These injuries are the aftermath of a minimized oxygen supply during childbirth. Physical trauma during delivery can also lead to the same form of brain damage, like a fractured skull. Experts refer to such kinds of physical trauma as mechanical injuries.
Indicators of Higher Risk of Birth Injury
Signs that a fetus has a higher threat of birth injury are prolonged, challenging labour, a breech birth or large fetus, and inappropriate use of drugs by the pregnant woman. An unreasonable delay in conducting an emergency cesarean section by the healthcare provider can heighten the threat of harm. Well-trained medical practitioners anticipate issues before and during birth and proactively activate safety measures to protect the baby and the mother.
Compensation for Birth Injury Lawsuits
Malpractice claims often ask for compensation for the affected child’s lifetime. The damages you can recover include medical bills, housing needs, special education bills, and other anticipated losses for the baby and family. Due to the astronomical nature of the lifelong care of special needs children, birth injury lawsuits often end in significant settlements. The settlements guarantee the availability of funds to the parents to give their unique child the best care and education.
Most times, concerned parties agree to place the settlement payment into a structured insurance policy with select payout dates for the baby. Parents also receive compensation because many resign from their jobs to stay home to care for their unique children. The compensation also helps the parents buy suitable vehicles and housing or make adjustments to accommodate the disability. Most states require a judge to endorse the settlement and its terms before finalization.
Conclusion
If a birth injury occurred due to medical negligence, the victim has the right to file a medical malpractice claim to receive appropriate compensation. Every negligent caregiver is responsible for the consequences of the case. In other words, a lawsuit can include both nurses and doctors if both acted negligently and if it can be proved in court without a shred of doubt.
