Some birth injuries are unavoidable even under the best circumstances. Others, however, are entirely preventable. When health care practitioners fail to use a reasonable standard of care before and during the delivery process, parents have the right to pursue legal action on behalf of their newborn child. The attorneys at SteinLaw help new families protect their rights to maximum compensation after serious acts of malpractice that threaten a newborn child’s future.
Causes and Types of Birth Injuries
Birth injuries may arise from many negligent acts, including:
- Failure to monitor and act in accordance with a mother’s or child’s symptoms
- Failure to use medical tools and equipment properly
- Failure to perform a C-section in clear times of distress
- Failure to diagnose and/or treat conditions
Health care professionals, including obstetricians, nurses, and technicians, are responsible for maintaining a certain standard of care while treating patients. When they fail to do so and someone suffers an injury, they are responsible for the resulting damage. In addition to individuals, a parent may hold the medical facility responsible for losses associated with the injury.
Birth injuries vary based on the area of the body hurt before or during delivery. Lack of oxygen often causes brain damage and conditions such as cerebral palsy. Erb’s palsy occurs when the nerves of a baby’s shoulders suffer injury. Other injuries include head and brain trauma from improper delivery techniques, unforeseen consequences of taking certain medications during pregnancy, and wrongful death.
Occasionally, a baby may suffer from more than one type of negligence caused birth injury. For example, a physician could misdiagnose a condition in the womb and then fail to use the appropriate level of care after birth. Birth injuries may include conditions that are immediately visible as well as those that take time to manifest.
Symptoms of Birth Injuries
If you suspect your child has suffered at the hands of a health care practitioner, seek a second opinion from a medical professional and contact an attorney for a case evaluation. Acting quickly will help you protect your right to file a claim and to hold the responsible professional responsible for harming your newborn baby.
You may notice the symptoms of birth injuries right away or over the first few years of life. Some of the most common warning signs may include:
- Unreasonable and unexplained delays in development
- Problems suckling and swallowing
- Low heart rate and low blood oxygen levels
- Jaundice or unusual paleness
- Stiffness or uncharacteristic floppiness in the arms or legs
- Using one side of the body far more than the other
These symptoms may not always indicate a birth injury, but they do warrant a medical evaluation. Ask your pediatrician if the symptoms you notice and any new diagnoses might be related to a birth injury. If you have any concerns at all, reach out to our office for a free case evaluation. We can help you determine if investigating your claim further makes sense.
Why Pursue a Birth Injury Claim?
If a health care practitioner’s carelessness contributed to your baby’s injury or long-term disability, you are entitled to fair compensation. Filing a complaint with the hospital or medical board may help, but it will not improve your ability to pay for related medical expenses or find closure after such a life-changing experience. With our help, you may have access to compensation to cover the cost of medical expenses now and into the future, losses associated with income, loss of quality of life, and more. Pursuing a claim could greatly improve your child’s quality of life in the future.
In addition to monetary compensation, a claim will become public record. Your actions could prevent someone else from experiencing the same act of negligence in the future. A civil claim cannot undo the damage caused, but it can help you and your family start to recover after a terrible tragedy. Contact the experienced team SteinLaw for help.