Birth injuries can result from physical pressure exerted during the birthing process. They are generally preventable and often result from a medical professional’s failure to exercise good decision-making skills. Typically, poor decisions made by the labor and delivery physicians—or a member of their teams—set into motion a series of events that can lead to any number of birth injuries.
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Proving Medical Malpractice for a Birth Injury
When a medical professional acts in a negligent or unskilled manner and this behavior results in the injury of another person, the healthcare professional can be held liable for medical malpractice.
To prove medical malpractice in your birth injury case, your lawyer will need to prove the following:
- You have/had a doctor-patient relationship with the medical professional, which serves as the foundation for the provider’s duty to provide you with competent care.
- The medical professional failed to act with the same level of skill and care that a similarly trained and experienced professional would have demonstrated in the same circumstances. This proof usually requires expert testimony.
- The doctor’s negligence caused the birth injury.
- You suffered damages in the way of the costs of medical treatment, lost income, pain and suffering, etc.
The above facts must be established “by a preponderance of the evidence.” This means that they are proven to the extent that each statement is “more likely to not be true.”
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Ways in Which a Doctor May Be Negligent
There are many forms of action or inaction that can render a doctor or medical staff member negligent, including the following:
- Medication errors
- Failure to diagnose
- Surgical errors
In the case of a birth injury, a doctor’s failure to either spot or diagnose a problem with the baby at or prior to delivery and/or to order a timely C-section can make the difference between a healthy child and one that suffers from a birth injury. When the latter occurs, the negligent healthcare provider should be held liable for your damages.
Types of Birth Injuries Caused by Medical Malpractice
Common birth injuries that typically result from medical malpractice include, but are not limited to:
- Anoxia and Hypoxia
- Negligent Management of Childbirth Injury Risk Factors
- Delayed Birth
- Drug-Related Negligence
- Maternal Infections
- Failure to Diagnose Gestational Diabetes
- Failure to Diagnose
- Fetal Macrosomia
- Hospital Staff or Midwife Negligence
- Infant Resuscitation Errors
- Intrauterine Growth Restriction Retardation
- Medication Birth Defects
- Newborn Jaundice
- Post-Term Pregnancy Negligence
- Premature Cord Cutting
- Preterm Labor Negligence
- Umbilical Cord Compression
- Wrongful Pregnancy
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If Medical Malpractice Caused Your or Your Child’s Birth Injury, the Birth Injury Lawyers Group Can Help
If a doctor or member of the medical team involved in your pregnancy, labor, or delivery acted negligently, thereby causing a birth injury for you or your child, you deserve compensation.
Call the Birth Injury Lawyers Group at (800) 222-9529 to be connected with a lawyer in your state who can help you recover damages.