When Are Birth Injuries Considered Medical Malpractice?

When Are Birth Injuries Considered Medical Malpractice?

There is no more exciting time in a couple’s life than when they are expecting a child. It’s a time of anticipation, hope, and joy, as they await the birth of their baby. Fortunately, for most parents, pregnancies, labor, and delivery go smoothly and they bring home a beautiful and healthy baby shortly after it’s born. However, there are times that this doesn’t happen due to complications that put both mother and child at risk. If these complications are found to have been avoidable, and either mother or baby suffered injuries as a result, it may be a case of medical malpractice.

How Do Birth Injuries Occur?

While there are many ways that birth injuries can occur, they typically fall into one of two categories – either a medical professional fails to recognize or treat a condition, or there are injuries to the mother or child that are a result of negligent prenatal medical care.

The first category involves situations like a doctor failing to diagnose risky conditions like a mother’s high blood pressure, the misuse of medical instruments (for example, forceps or vacuum), not monitoring the baby’s heart rate correctly, or failing to perform a cesarean section when needed. In these situations, the doctors and other medical professionals involved may be held liable in a medical malpractice lawsuit.

The second category involves the prenatal care that the expectant mother receives. For instance, this may include situations like the prescription of medications that may be harmful to the mother or baby. If this occurs, the prescribing doctor, pharmacist, and even the manufacturer of the medication may be held responsible in a medical malpractice case.

When There is a Birth Injury to the Infant

If an infant is injured during childbirth, parents or guardians of the baby, together with their medical malpractice attorney, must bring the lawsuit against the responsible parties. They are able to ask for compensation for general and special damages on behalf of their baby. These include medical expenses, pain and suffering, and loss of enjoyment of life, and they can be for present and future damages.

The parents of the baby may also be able to seek damages for their pain and suffering due to the injuries that their child sustained.

When There is a Birth Injury to the Mother

If a mother is injured during childbirth, she can file a claim against the responsible parties. She too, is able to seek general and special damages for present and future damages suffered due to medical negligence or errors during delivery.

Finding Help for Your Birth Injury Claim

Proving medical malpractice in birth injury claims can be difficult. It requires knowledgeable medical malpractice attorneys with access to expert medical witnesses to review and evaluate medical charts and records.

Anytime that there is a birth injury that could have been prevented, the family may be entitled to a financial recovery for the financial and emotional burdens they have suffered as a result of medical negligence.

If you, or someone in your family, have suffered injuries that occurred during pregnancy, labor, or delivery in Florida, birth injury attorney, Joe Osborne, can help you with your case. Contact his office today at (561) 293-2600, for a review of your case and advice on how to proceed with your medical malpractice claim.