A young child was injured due to a delay in treatment.
General Birth Injury Information
How to Determine If A Birth Injury Was Caused By Medical Malpractice
In Ohio, to determine whether or not a birth injury was the result of medical negligence, several factors must be considered. These include:
Standard of care
The medical professional’s actions will be evaluated based on the standard of care that is expected of them in the situation. In a birth injury case, the standard of care is typically established by expert witnesses.
Causation
The birth injury must be a direct result of the medical professional’s actions or lack of action. It may be determined in the birth injury lawsuit that the injury would have occurred regardless of the medical professional’s actions. This would not be considered malpractice.
Damages
The injury must have resulted in damages, such as medical bills, lost wages, pain and suffering, and other related expenses.
The health of both the mother and the child is paramount during delivery. With more than 40 years of experience as a birth injury lawyer, I’ve worked with families whose children have suffered permanent disability because the medical professionals didn’t deliver the standard of care the children deserved. My heart still aches for the personal injury and emotional suffering these families endured and continue to endure. If you have a birth injury claim, I will find out exactly what happened, and I’ll Make Them Pay!®
Common Causes Of Birth Injuries
There are several common causes of a medical malpractice birth injury, including:
Failure to diagnose or treat maternal infections
Maternal infections can cause serious harm to the developing fetus. If the medical professional/doctor fails to diagnose or treat these infections, it can result in a birth injury lawsuit.
Delayed C-section
In some cases, a C-section may be necessary to prevent a birth injury to the baby. If the doctor fails to perform a C-section in a timely manner, it can result in serious injury to the brain of the newborn due to the lack of oxygen to the brain.
Improper use of delivery tools
Medical professionals may use tools such as forceps or vacuum extractors to assist with delivery. If these tools are used improperly, it can result in nerve damage or skull fracture..
Failure to monitor fetal distress
If a baby is in distress during labor and delivery, it is important for the medical experts to monitor the situation closely and take quick and appropriate action.
Medication errors
Medication errors during labor and delivery can result in injuries such as seizures and respiratory distress.
Injuries That Can Be Caused During Birth
There are several common birth injuries that can be caused by malpractice, including:
Cerebral palsy
This is a neurological disorder that can be caused by brain damage during birth due to lack of oxygen, or trauma to the head. Birth injury malpractice can cause cerebral palsy if medical professionals fail to diagnose or respond to fetal distress.
Erb’s palsy
This is a nerve injury that can occur during birth when the baby’s shoulder becomes stuck behind the mother’s pubic bone. Medical malpractice can be the cause of Erb’s palsy if the doctor fails to recognize the risks of shoulder dystocia, or used excessive force during delivery.
Brain damage
Brain damage can occur during birth due to lack of oxygen or trauma to the head.
Facial paralysis
This is a nerve injury that can occur during deliver when too much pressure is applied to the baby’s face. Facial paralysis can be caused by doctors using excessive force during delivery, or failure to recognize the risks of a difficult delivery.
Fractures
Fractures can occur during birth due to unrestrictive force during delivery. This can occur when medical professionals fail to recognize risks during delivery.
Birth Injuries v. Birth Defects
Birth injuries and birth defects are two different conditions that can affect babies, but they have different causes and symptoms.
A birth injury is usually caused by medical errors or negligence during the birthing process. The injuries could be to the baby’s brain, nerves, or bones, and can result in conditions like cerebral palsy, Erb’s palsy, or fractures. These injuries can often be prevented by proper medical care during pregnancy and delivery.
Birth defects, on the other hand, are usually caused by genetic or environmental factors that affect fetal development during pregnancy. They can include structural abnormalities like heart defects or cleft lip and palate. There are also functional abnormalities like Down syndrome or cystic fibrosis. Birth defects cannot be prevented by medical care during delivery, but some can be diagnosed and treated before or after birth.
Birth injuries are often the result of a specific event or action during delivery, while birth defects are the result of underlying genetic or environmental factors. These situations can change the future of a child’s life, and are ultimately, very costly. As a birth injury lawyer, I am here to help your recover damages to help with the future costs of care for your injured baby. Call me today, and “I’ll Make Them Pay!®”
Possible Long-Term Costs Of Birth Injuries
There can be significant long-term costs for both the affected child and their family. Some possible costs include:
Medical expenses
Children with birth injuries may require ongoing medical treatment, including surgeries, therapy, and medication. These can be expensive and may last for years or even a lifetime.
Special education and accommodations
Special education services or accommodations my be necessary to help children succeed in school. Special programs or services outside of school may be very expensive.
Lost income and earning potential
Parents may need to take time off work to care for their child, which can result in lost income. Children with birth injuries may also have limited earning potential as adults due to their disabilities.
Emotional and psychological costs
The decision to have a child is very exciting, and you want to build the best life you can for your child. The shock and horror of a significant injury to your baby caused by medical malpractice, can have an emotional and psychological impact on the entire family.,
Reduced quality of life
Children with birth injuries may experience limitations in their physical abilities, social interactions, and independence, which will impact their quality of life.
Need for long-term care
Some birth injuries may require ongoing care, including assistance with daily living needs. This is both emotionally and financially taxing for families.
Home modifications
This includes compensation for the costs of modifying the family’s home to accommodate the child’s disability. This may include wheelchair ramps, modified bathrooms to accommodate wheelchairs, wider doorways, and more.
If you believe you or a loved one was a victim of a birth injury, I can help. I have extensive experience and a very successful track record of success. If I believe I can prove medical malpractice has occurred, I will hold the appropriate individuals accountable for their negligent actions. In other words, I’ll Make Them Pay!® Contact me, today for a free consultation.
