Having a baby should be one of the greatest moments of someone’s life. It is something that so many people wait for – starting a family. But what happens when something goes wrong during childbirth? What happens if the mother or the baby are injured or become ill because of a mistake on the part of the medical professions who are supposed to be there to help?

A birth injury can be one of the most traumatic experiences for a family. As a parent of an injured child, you will have questions about what may have gone wrong during labor or delivery to cause the injury. If you are a spouse or partner of the birth mother and they experienced injury, you will also be questing what went wrong.

It is everyone’s worst nightmare. If you are here because you or someone you love has suffered a birth injury, let all of us at The Weitz Firm extend our condolences. When you need a birth injury attorney, you can count on us to be by your side.

Cause of Birth Injuries

The most common cause of birth injury is medical negligence. According to a recent publication, roughly 3 of every 100 births involve some type of serious birth injury. In some cases, the injury sustained is deemed “natural,” which means there was likely some circumstance that caused oxygen deprivation during the labor and delivery process. Common causes of oxygen deprivation include the umbilical cord becoming compressed or twisted, the baby is in the wrong position, or the baby is too large to pass through the birth canal.

However, in most instances, birth injuries are caused by the doctor’s mistake, which commonly results in brain injuries. There are a variety of medical errors that can cause birth injury, some of those include:

  • Failure to identify and address problems during the pregnancy
  • Prescribing medicines with dangerous side effects
  • Failure to respond promptly to pain or bleeding
  • Misusing forceps or a vacuum
  • Delaying a c-section
  • Premature delivery
  • Neglecting to monitor the mother and baby during pregnancy and labor
  • Miscommunication
  • Improper genetic testing

If any of these caused injuries to you or your baby, it is likely that medical malpractice was the primary cause of the birth injury. The proper recourse for medical malpractice is to file a suit against the doctor and/or hospital involved.

Incidents of Birth Injury in the U.S.

Why, according to this news article, is the United States the most dangerous place in the developed world to give birth? With all of our medical advances, we should be better than that. What can go wrong? We realize that sometimes birth injuries are unavoidable. The labor and delivery process is tough on the human body.

Other times, though, medical professionals make mistakes that they should not have made. Some common birth injuries include:

  • Bone fractures (collarbone, skull, arms, legs)
  • Meconium aspiration
  • Fetal oxygen deprivation
  • Brain bleeds
  • Nerve damage

These injuries can lead to:

  • Brain damage
  • Cerebral palsy
  • Developmental delays
  • Learning disabilities
  • Paralysis

Birth injuries can range from minor to severe. Sometimes, the symptoms only last temporarily and the child ends up with no long-term damage. Other times, there are long-term disabilities that will need permanent care.

Caring for a child that has suffered a birth injury can be extremely difficult for parents. It can also be expensive. Whether a parent has to stay home and care for the child or they have to get in-home care, the costs can become overwhelming.

Birth Injury to the Mother

Just as important during the child birthing process is the health of the mother. There are more than 50,000 mothers suffering from severe child birth injuries. According to a USA Today investigation, the least half of the reported deaths of mothers from childbirth complications could have been prevented and half of the injuries prevented or reduced with better care.

We recognize that doctors and nurses have tough jobs, but mistakes during childbirth are careless and should not happen. The life of the mother and baby often hangs in the balance.

Whether it is a failure to recognize when the mother or child is in distress or a refusal to perform necessary procedures like C-sections, healthcare professionals must be held accountable when they make mistakes.

Seeking Compensation for Birth Injury

A birth injury claim may be brought on behalf of both the child and parents. If the child is still a minor at the time of the action, a personal representative will bring a claim on behalf of the child. If you or your child has suffered an injury from birth, you are entitled to fair and just compensation for your injuries, which can include:

  • Past and future medical expenses
  • Lost services and earnings
  • Caretaking expenses
  • Disability or loss of normal life
  • Shortened life expectancy
  • Increased risk of future harm
  • Pain and suffering

Not every case is the same and there is no guarantee what damages you will be awarded in a birth injury case. Though, if you suffered an injury at the hands of a doctor’s negligence or malpractice, you will likely receive the full and fair amount of damages sought. Additionally, there is an opportunity to seek punitive damages if the evidence shows that your child’s injury resulted from willful or wanton conduct.

We are Here to Help

Meeting with an attorney is the first step to receiving just compensation for the injuries you or your loved ones sustained. Setting up a consultation with an attorney will help address your top concerns and seek the relief you deserve. During a meeting with an attorney, it is likely that you will want to know when you first discovered the birth injury, who sustained the injury (the baby, mom, or both), and how the injury impacted the life of you, your child, and your family.

If you suspect that a medical professional’s negligence has caused you or a loved one harm, you should consider getting legal assistance. At The Weitz Firm, we want to put our decades of experience to work for you. We know that this is a difficult time, but we will stop at nothing to get you the compensation you deserve. When you need a birth injury attorney in Norristown, you can contact us for a free consultation by clicking here or calling 267-587-6240.

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