Childbirth should be a joyous occasion, but what happens when medical negligence turns this significant event into a distressing ordeal? Studies indicate that birth injuries occur in roughly six to eight cases per 1,000 live births in the United States, creating a serious concern among expectant parents. Now, ever wondered what legal options are there when medical professionals fail to give the necessary standard of care during childbirth? (1)
Knowing your rights and available options is vital when dealing with the hurtful consequences of a birth injury. In the upcoming sections, you'll find essential steps families may take to defend their rights and seek compensation for their baby's suffering.
Birth Injuries: Overview
Birth injuries occur during labor or delivery, generally as a result of complications or medical errors. These may range from minor issues like bruises to severe conditions such as cerebral palsy or brain damage. According to the Centers for Disease Control and Prevention, cerebral palsy affects approximately 1 in 345 children in the U.S. (2)
If you suspect negligence, hiring experienced birth injury attorneys may help you determine whether legal action is warranted. These professionals are competent in evaluating tough medical cases and guiding families through the legal process.
Can You Sue a Doctor for a Birth Injury?
Yes, you can take legal action against a doctor if their negligence resulted in a birth injury. To win a medical malpractice lawsuit, you must prove the following:
- Doctor-patient relationship: An established relationship must exist between the doctor and the patient.
- Standard of care: The doctor failed to meet the accepted standard of care that a competent medical professional would provide in similar circumstances.
- Causation: The doctor’s actions directly caused the injury.
- Damages: The injury resulted in significant physical, emotional, or financial harm.
These elements form the foundation of a strong case. Successfully proving each one is crucial to seeking justice for your child and your family.
Steps To Take if You Suspect Medical Negligence
If you believe your child’s birth injury was caused by a doctor’s negligence, follow these steps to build a strong case:
Gather Medical Records
Request all relevant medical records, including prenatal care, delivery notes, and postnatal assessments. These documents are essential for determining whether negligence occurred.
Consult a Birth Injury Attorney
Seek legal guidance from an experienced birth injury lawyer who can professionally evaluate your case and explain your rights. Most of these experts offer free consultations and work on a contingency fee basis, collecting payment only if you successfully win your case.
Obtain Expert Opinions
Medical experts play a critical role in birth injury cases. They can review your medical records, identify deviations from the standard of care, and testify about how the negligence caused the injury.
Document Your Child’s Condition
Keep detailed records of your child’s medical treatments, therapies, and other related expenses. This documentation helps demonstrate the impact of the injury and supports your claim for compensation.
These steps are designed to help you build a solid case against negligent medical professionals. Following them religiously boosts your chances of securing justice and financial support for your baby's needs.
Common Causes of Birth Injuries
Medical professionals bear a significant responsibility during childbirth, where split-second decisions can profoundly impact a newborn's life. The complex nature of delivery means multiple factors can contribute to potential injuries. These may include:
- Improper use of delivery tools: Forceps and vacuum extractors can cause significant injuries if used incorrectly.
- Failure to monitor fetal distress: Neglecting to address signs of oxygen deprivation can result in brain damage or stillbirth.
- Delayed C-section: Prolonged labor or complications may require an emergency C-section. Delays may endanger both the baby and the mother.
- Medication errors: Administering the wrong dosage of labor-inducing drugs like Pitocin can lead to complications.
Obstetrics and gynecology stand out as a medical specialty with notably high malpractice lawsuit risks, with 2022 data showing that 62.4% of OB/GYNs have faced a medical malpractice lawsuit during their career. Birth-related injuries frequently result in substantial birth injury settlements, often exceeding the average medical malpractice payout across other medical specialties. (3)
What Compensation Can You Get?
If your birth injury lawsuit is successful, you may receive compensation for:
- Medical expenses: Cover past and future medical bills, including surgeries, medications, and therapies
- Rehabilitation costs: Include physical, occupational, and speech therapies
- Pain and suffering: Accounts for emotional distress and reduced quality of life.
- Lost wages: Parents are reimbursed for income lost while caring for their injured child.
- Future care needs: Address long-term care costs for children with permanent disabilities
National medical malpractice data reveals an average settlement of approximately USD$329,565, with birth injury cases typically commanding substantially higher compensation due to the long-term care and support required for affected children. (3)
Key Takeaway
If your family is dealing with the aftermath of a birth injury, you don’t have to face it alone. Legal action can help hold negligent medical professionals accountable and secure the resources your child needs for a brighter future. By understanding your rights and seeking experienced legal counsel, you can take the first step toward justice and healing.
References:
- “Birth Trauma”, Source: https://emedicine.medscape.com/article/980112-overview
- “Data and Statistics for Cerebral Palsy”, Source: https://archive.cdc.gov/www_cdc_gov/ncbddd/cp/data.html
- “Truly Unsustainable: The Effect Of Medical Malpractice On Caregiving”, Source: https://www.forbes.com/sites/evaepker/2024/07/18/truly-unsustainable-the-effect-of-medical-malpractice-on-caregiving/
