POSTED BY devind . September 9, 2020
Having a baby should be the happiest day of one’s life. However, approximately 1 in every 9,714 people in the U.S. are born with a birth injury. Many of them preventable. If your infant was born with an injury mentioned in the article in this blog or you suspect malpractice, do not hesitate to talk to the experts within our firm. Visit jandils.com or call 877.526.3457. We are here for you!
When Do Birth Injuries Lead to Legal Action?
It’s very possible that the doctor did something – or failed to do something – during the birth process, and that conduct amounted to medical malpractice. But it’s not as simple as that. The results alone (a baby with a birth-related injury) don’t support a conclusion of malpractice.
In every medical malpractice case, it’s first necessary to establish the appropriate level of care under the circumstances – the degree of care and skill of the average healthcare provider who practices the same specialty, taking into account the medical knowledge that is available to the physician in that particular situation. This is a legal concept known as the Medical Standard of Care.
After you’ve documented what a similarly skilled care provider would have done under the circumstances, you need to show how that standard was breached – in other words, what did the defendant actually do (or not do) that fell short of the benchmark?
In some traumatic childbirth scenarios, fast action is required on the part of the doctor and especially in cases where the health of the newborn or the mother is in danger. A birth injury may be considered a practical (or even necessary) risk if the circumstances of the situation call for drastic measures. But obviously, in cases where no complications exist and labor is proceeding normally, a doctor may well be deemed negligent if the baby ends up with a serious physical injury.
Alternatively, if a quick response to a dangerous situation is necessary, and the doctor fails to act, that may also be considered medical negligence, and the medical professional would be on the legal hook for any resulting injuries. This is often the case when a baby is in danger – perhaps deprived of oxygen – in the womb, and the medical staff fails to execute a C-section in a reasonable amount of time. If oxygen deprivation – hypoxia (too little oxygen) or anoxia (no oxygen) – leads to brain damage in the newborn, the medical staff could be liable.
Most Common Types of Birth Injuries
- Brain injury, intracranial hemorrhages (bleeds), soft tissue injury
- Cranial nerve and spinal cord birth injury
- Peripheral nerve birth injury
- Bone birth injury
- Intra-abdominal birth injury
In such an emotionally charged situation – not to mention legally and medically complex cases, it’s best to discuss your situation with an experienced medical malpractice attorney. If you suspect negligence, please don’t hesitate to contact Jan Dils, Attorneys at Law, at 877.526.3457 or jandils.com. You can also fill out this form and we will respond to you shortly. We understand that this is a particularly uncertain time to be with child, but every mom here will assure you, birth is beautiful.