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Childbirth injury is a serious concern for parents who are getting ready to welcome a new baby into the world, as they rely on doctors and other medical professionals for a safe childbirth.
Childbirth is ideally a joyous occasion for a growing family, but it can quickly turn devastating in the case of childbirth injury caused by medical malpractice. Medical professionals who fail to notice the state of the mother or child during the delivery process may put the child at risk for childbirth injury.
When this happens, parents may be able to file legal action on behalf of their infant. Childbirth injury can occurs when either the mother or child is harmed during pregnancy or delivery.
While there are number of things that can go wrong during childbirth, medical malpractice can allegedly happen when the doctors or other medical professionals fail to notice the state the mother is in during labor or if they do not pay attention to the condition of the fetus with tools like a fetal heart monitor.
Examples of medical malpractice that can lead to childbirth injury include:
- Improperly using delivery tools like forceps, vacuum
- Improperly determining when to perform a C-section
- Improperly monitoring the fetal heart monitor
- Improperly monitoring the state of the mother and fetus
- Improperly monitoring the amount of the oxygen the infant receives before and after delivery
Injuries to the mother can occur in a number of ways including high blood pressure before delivery or suffering a seizure, both of which are signs of preeclampsia. In addition, mothers can also suffer a high volume of blood loss post-delivery and should be monitored to prevent death.
Overview of Childbirth Injury Liability
Not all childbirth injury cases are the result of medical malpractice, as those cases typically stem from improper use of medical tools like forceps and not reacting properly if there is a problem during labor. Some of the most commonly reported childbirth injury conditions include, but are not limited to:
- Cerebral Palsy
- Oxygen Deprivation
- Cognitive Difficulties
- Erb’s Palsy
- Klumpke’s Palsy
- Brachial Plexus
- Retinopathy of Prematurity
Two of the most commonly reported birth injuries seen in infants are cerebral palsy and traumatic brain damage, both of which may be caused by head injury. These birth injuries are not always evident right away, it can actually take up to several years before showing any symptoms. Other childbirth injury conditions that can occur during delivery may include:
- Face Paralysis
- Spinal Cord Injury
- Fractured Bones
- Bacterial Infections
- Brachial Plexus Damage (Damage to Nerves that control Arms and Hands)
Some of these childbirth injury conditions will resolve themselves, but some of them may result in permanent lifelong damages and greatly infringe on the infant’s quality of life. Additionally in these cases the parents will have to contend with caring for a disabled child and most likely exhaust most of their income.
If these childbirth injury conditions were caused by medical malpractice, parents may be able to seek legal compensation. Potential claimants should contact a lawyer to determine eligibility for a childbirth injury lawsuit.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The medical malpractice attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual birth injury lawsuit or class action lawsuit is best for you. [In general, birth injury lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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