Birth Injuries and Medical Malpractice

The arrival of your joyfully anticipated new baby is one of the happiest days of your life. The vast majority of births take place without any problems. For a small number of infants, however, medical complications can arise. Your family’s medical practitioners make every human effort to deliver the highest standard of care to mother and child.  Obstetricians, nurses, midwives and other childbirth experts are human, however, and mistakes can occur during the birthing process or immediately afterwards.

If you or your child is injured during the birth process, you need to consult an experienced personal injury attorney to learn whether you or your baby have suffered an unpreventable medical complication, or have been victims of medical error or negligence and have a right to recover damages.  Here are some medical errors that can occur during childbirth:
  • Your physician may fail to diagnose pregnancy disorders such as hypertension or gestational diabetes that can, in some cases, require medication therapy during the pregnancy.
  • Your obstetrician may fail to perform a necessary cesarean section
  • Your C-section delivery can carry some risks, such as breathing problems or surgical lacerations for the baby, and surgical injury, excessive bleeding, infection, or adverse reaction to anesthesia for the mother.
  • The use of forceps or vacuum extraction when the baby is having difficulties passing through the birth canal can cause birth injuries, resulting in cerebral palsy or other serious consequences
  • A labor-inducing drug such as Pitocin or Cytote may be used improperly, or the fetus may not be adequately monitored after such a drug is administered.
The causes of many birth defects are unknown. In some cases, a birth defect can be caused by the mother’s own alcohol or drug consumption during pregnancy. In such cases you may not have a right to recover damages for birth injury.
In some cases, a parent may also be able to bring a lawsuit for his or her own emotional distress caused by the baby’s suffering a birth injury.
The law is complex and nuanced, and you will need the advice and counsel of a knowledgeable and experienced personal injury attorney. Remember: every case is different, and case results depend upon a variety of factors unique to each case.  Case results in one case do not guarantee or predict a similar result in any future case.
Craig Follis has extensive experience in litigation, negotiating and settling suits, and providing legal opinions on liability and insurance coverage. You can reach him at (888) 703-0109 or via email at cfollis@lawyersva.com.

 

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