Although childbirth should be one of the most joyous occasions that parents experience, the medical negligence of physicians may unfortunately deal a blow so tragic that the family suffers a lifetime of pain. If and when a doctor fails to reasonably care for a mother and her newborn during labor, he should be held legally responsible for any childbirth injury or disabilities that result. Physician carelessness may cause complications such as prolonged labor and premature birth.
Injuries Resulting from Complications During Childbirth
Types of birth injuries may include:
- Autism, which impairs the child?s communication and behavioral abilities;
- Cerebral palsy , which impairs thought processes, speech and movement; and
- Erb's palsy, which causes the loss of sensation and/or function in the shoulders, arms and/or hands due to a nerve injury in the neck.
Studies suggest that seven in every 1,000 newborns in the U.S. are injured during birth. Although some birth injuries are treatable, infants in the most extreme cases will need lifelong support for simple tasks such as breathing, eating and moving. Many will require:
- Surgical procedures;
- Assistive technologies;
- Physical/occupational therapies;
- Medications; and
- Caretakers
Medical Malpractice and Childbirth Injury
The parents of injured newborns have the right to file a medical malpractice lawsuit against the responsible medical professional. In most circumstances, injuries resulting from malpractice are diagnosed within the first three years of a baby's life. Once diagnosed, parents should meet with a malpractice birth injury lawyer to learn about their rights and to have their case evaluated to determine what, if any, settlement they should seek for damages.
Getting Help
Working with an experienced malpractice attorney will provide parents access to specialists who can verify medical claims when expert testimony is needed, and it will assuage their concerns about how best to present their case in court. Moreover, a birth injury settlement will help cover medical costs in the immediate and in the long-term, offering at least some level of support that will most likely be needed. Because many malpractice attorneys recognize both the emotions and high costs associated with these types of cases, they will often delay payment for their services until or unless a settlement is awarded.
