Welcoming a new baby should be a joyful experience, but when a birth injury occurs, it can quickly turn that joy into fear, uncertainty, and even heartbreak. While some birth injuries are unavoidable, others are preventable. If the medical professionals you trusted to deliver your baby were negligent, here’s what you need to know about taking legal action.
Know What Birth Injuries Qualify For A Lawsuit
It’s important to understand what birth injuries are and how they qualify for a lawsuit. First, a birth injury refers to physical harm sustained by a baby during labor or delivery. These injuries can range from minor bruises to severe conditions like cerebral palsy and brachial plexus injuries.
While certain complications are generally unavoidable (like premature birth or difficult labor), others result from negligence, like when medical professionals fail to act quickly in an emergency or use delivery tools improperly. Birth injuries resulting from negligence typically qualify for a lawsuit. If you believe your baby was harmed because of a doctor’s negligence, contact an attorney immediately to see if you have a case.
Why You Need A Lawyer
Although you have the legal right to pursue justice on your own, it’s crucial to hire a lawyer to represent you in court. Having a legal expert on your side is the only way to build a strong case and makes you more likely to win the compensation you deserve.
Birth injury laws are complex, and so are court procedures. You can’t just present evidence of your baby’s injury and expect to win. The medical provider you’re suing will have a fierce attorney who will do everything in their power to discredit your claim. You need a medical malpractice attorney to build a strong defense, ensure you meet all deadlines, file your paperwork properly, and negotiate a settlement on your behalf if you choose to settle out of court.
Common Causes Of Preventable Birth Injuries
Knowing how negligence can cause a birth injury will help you recognize malpractice. Some of the most common ways birth injuries occur include:
- Delayed C-sections. When a C-section is required, but not performed in time, the baby can be deprived of oxygen, which can cause brain damage or cerebral palsy.
- Misuse of delivery tools. Improperly using forceps or vacuum extractors can cause skull fractures, brain injuries, and nerve damage.
- Failure to monitor fetal distress. Ignoring or misreading fetal heart monitors can delay necessary intervention, resulting in injury or death.
Signs That A Birth Injury May Have Occurred
Not all birth injuries show immediate and obvious signs. If you’re not sure whether or not your baby has suffered a birth injury, here are some signs to watch out for.
- Physical struggle. Look for issues like muscle weakness, difficulty moving limbs, excessive drooling, and seizures.
- Developmental delays. Watch for missed milestones, like rolling over, crawling, and delayed speech. These can be signs of a birth-related brain injury.
If your baby is exhibiting any of these signs, but you’re not sure of the cause, talk to your pediatrician about using an MRI or CT scan to check for injuries. If your baby’s doctor is reluctant to do these tests, that should be cause for concern, and you should see a different doctor immediately to get the tests done.
Proving Negligence In Court
If you do end up filing a lawsuit against a medical provider, you’ll need to prove negligence to win. First, you’ll need to establish that the medical practitioner owed you a duty of care. This is easy enough to prove with simple medical records showing you had a doctor-patient relationship.
Next, you’ll need to prove they breached that duty by failing to meet the medical standard of care either by making a critical error or not providing necessary care. Last, you’ll need to make a connection between the negligent action and your baby’s injury and demonstrate how it has caused physical, emotional, or financial harm.
You’ll Need An Expert Witness For Your Case
Qualified experts can help you win. When you hire a lawyer, they’ll handle gathering expert witnesses to strengthen your case. A medical expert will analyze your case, explain the standard of care, and testify to how that standard of care was breached.
Take Legal Action Quickly
Pursuing a lawsuit for negligence after a birth injury is the only way to hold medical providers accountable and hopefully prevent future incidents. If you suspect a medical mistake harmed your newborn, don’t wait to take action. An experienced birth injury lawyer will fight hard to get you the resources your family needs.
