A childbirth injury lawsuit falls under the area of medical malpractice. Medical malpractice is a legal cause of action that occurs when a healthcare provider deviates from the standard of care that a reasonable provider would use in a similar situation, and as a result, the patient is injured. To win a childbirth injury lawsuit, you must prove that the childbirth injury was caused by medical negligence.
Childbirth is a beautiful, miraculous event. No one wants to think about their child being injured during childbirth—but unfortunately, it happens due to medical negligence. If your child was injured during childbirth, you may be wondering what type of legal recourse you have. The answer depends on many factors, but an experienced lawyer can help you determine what your next steps should be.
Here are ten examples of injuries that may fall under medical malpractice;
- Cerebral Palsy
This is a condition that is caused by damage to the brain during childbirth. It can occur when the baby’s head is compressed during childbirth, which can cause a loss of oxygen to the brain. This can result in long-term neurological problems and developmental delays. If you believe that your child’s cerebral palsy was caused by medical negligence, you may have a case for a birth injury lawsuit.
- Erb’s Palsy
Another type of childbirth injury is Erb’s palsy. This occurs when the baby’s shoulder becomes stuck during childbirth, which can damage the nerves in the shoulder and arm. This can cause long-term problems with mobility in the affected arm.
- Brain Damage
This can occur when the baby doesn’t get enough oxygen during delivery. Newborns suffering from a brain injury during the birthing process can have lifelong consequences for the child and their family. If the brain damage was caused by medical negligence, then the family may be able to file a lawsuit to recover damages.
In a childbirth injury lawsuit, the court will consider various factors to determine whether or not the doctor or other medical professionals were at fault. These factors can include whether proper precautions were taken during the delivery, whether the baby was properly monitored during labor, and whether any complications should have been anticipated. If it is determined that the doctor or other medical professionals were negligent, the family may be awarded compensation for medical bills, pain and suffering, and other damages.
- Spinal Cord Injury
Spinal cord injuries during childbirth are relatively rare but can have catastrophic consequences for both the mother and baby. The spinal cord is a vital part of the nervous system, carrying messages between the brain and the rest of the body. A spinal cord injury can occur when the spine is damaged, either by trauma to the vertebrae or by compression of the cord.
Injuries during childbirth are usually caused by oxygen deprivation to the fetus, which can lead to nerve damage. Symptoms of a spinal cord injury may include paralysis, loss of sensation, and loss of bowel or bladder control. If you suspect that you or your child has suffered a spinal cord injury during childbirth, it is important to seek medical help immediately. Early diagnosis and treatment can often minimize the long-term effects of this type of injury.
- Shoulder Dystocia
Shoulder dystocia is a childbirth complication when the baby’s shoulder becomes clung behind the mother’s pubic bone during birthing. This can cause the baby to suffocate or suffer from a lack of oxygen, leading to brain damage. A lawsuit may be filed if it is determined that the doctor or other medical professionals were negligent in caring for the mother and child during childbirth.
- Facial Paralysis
Facial paralysis can occur when the facial nerve is damaged during childbirth. This nerve controls the muscles of the face, so facial paralysis can cause problems with eating, drinking, and speaking. If the damage to the facial nerve is permanent, surgery may be required to correct the problem. A childbirth injury lawsuit may be filed if it is determined that the doctor or other medical professionals were negligent during childbirth.
- Fractured Bones
Fractured bones are another potential childbirth injury. The bones most likely to be fractured during childbirth are the clavicle (collarbone) and the femur (thighbone). These fractures usually occur when the baby is pulled out of the birth canal by vacuum extraction or forceps. A lawsuit may be filed if the doctor or other medical professionals used excessive force during childbirth.
- Neonatal Death
No mother or family should go through the tragedy of losing a child during childbirth. Unfortunately, this does happen on occasion. If the neonatal death was caused by medical negligence, then the family may be able to file a wrongful death lawsuit against the responsible parties. In a neonatal death lawsuit, the court will consider factors such as whether the baby was properly monitored during childbirth, whether the doctor took appropriate action in response to any complications that arose, and whether the death could have been prevented with better medical care.
- Post-traumatic stress disorder (PTSD)
Childbirth can be a traumatic experience for both the mother and the baby. In some cases, the trauma of childbirth can lead to post-traumatic stress disorder (PTSD). Some symptoms associated with PTSD are nightmares, anxiety, and depression. If you are suffering from PTSD after childbirth, it is important to seek help from a mental health professional. A childbirth lawsuit may be filed if it is determined that the doctor or other medical professionals were negligent during childbirth.
- Maternal Death
In rare cases, childbirth can lead to maternal death. If the mother’s death was caused by medical negligence, then the family may be able to file a wrongful death lawsuit against the responsible parties. In a maternal death lawsuit, the court will consider factors such as whether the mother was properly monitored during childbirth, whether the doctor took appropriate action in response to any complications, and whether the death could have been prevented with better medical care.
Conclusion
If you or a loved one has been injured during childbirth, you may file a childbirth injury lawsuit. An experienced lawyer can help you investigate your case and determine if you have a valid claim. The lawyer will work with you to gather evidence and build a strong case if you have a valid claim. The lawyer will also negotiate with the insurance companies on your behalf and fight for the compensation you deserve.
