In general, there are three types of malpractice that cause umbilical cord birth injuries. They include:
- Failure to monitor the mother and baby.
- Failure to diagnose or recognize the risks.
- Failure to treat or react as other doctors with similar training and experience would.
Any of these actions could constitute medical negligence if they cause your child to suffer a loss of blood flow and damage to their brain or other organs, leaving them with related medical diagnoses or permanent disabilities. All of these failures are a breach of their duty to provide an acceptable standard of care and may support a medical malpractice claim.
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Medical Negligence in Umbilical Cord Birth Injuries
While no one can prevent most umbilical cord concerns, it is sometimes possible to avoid serious complications from occurring. Doctors and other care team members can spot early signs of a problem, recognize the risks, diagnose the condition, and take steps to address it.
Alternatively, they can spot a concern that develops during labor and delivery–a prolapsed or compressed cord, for example–and take immediate action to restore blood flow to the baby’s brain and vital organs.
When doctors fail to do what is expected of them at any point in this process, the child may suffer serious, lasting consequences.
Failure to Monitor
Obstetricians and their team must provide monitoring of the baby and expectant mother throughout gestation. This allows them to identify concerns with the pregnancy, the baby’s development, and other matters. Failure to follow accepted protocols for testing, lab work, scans, and more could be negligence if the mother or baby suffers injuries as a result.
Failure to Diagnose
When the doctor or another member of the care team recognizes an issue but fails to determine the problem correctly, this could also be medical negligence. Failure to diagnose could also occur as a misdiagnosis or a missed diagnosis. Any of these circumstances prevents the child from receiving the necessary care to prevent injuries.
Failure to Take Proper Actions
If the doctor recognizes a problem and gives the diagnosis but fails to take the appropriate action, this could also lead to injuries and further complications for the baby.
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Proving Your Medical Malpractice Case Based on an Umbilical Cord Birth Injury
Proving a case usually requires the same evidence, no matter the type of malpractice that caused the umbilical cord birth injury. Developing support for a birth injury claim requires your lawyer to:
- Obtain all relevant medical records.
- Analyze the records.
- Work with a medical expert who can confirm medical negligence.
Many states require a medical expert’s input in some capacity during the claims process or a civil trial. Even so, your birth injury attorney will likely call one in to review your malpractice case very early in the process. This is the best way to establish an acceptable duty of care based on the circumstances that led to your child’s birth injury.
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Recovering Damages to Provide Care and Treatment for Your Child
Holding the negligent parties accountable for injuring your child is important, but you may also be able to recover compensation to help support your child’s care by filing a claim. This is especially important for parents whose child has a lifelong disability or requires ongoing treatment and support due to their birth injuries. This type of care can be expensive.
According to the Journal of Managed Care & Specialty Pharmacy, Medicaid paid out $10,368 per ambulatory child living with cerebral palsy in 2014 and $43,687 for those who could not walk on their own. This only includes their medical care needs, not other types of support and or any related expenses.
More than 50 percent of all states limit how much you can recover in these cases, although most only limit your non-economic damages such as pain and suffering. According to the American Bar Association (ABA), many states limit recovery of non-economic damages at $250,000 in most cases thanks to a campaign by groups representing doctors and hospitals.
Your attorney can help you understand the types of damages you are eligible to recover and any limits that may apply based on your state laws.
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Speak with the Office of a Birth Injury Attorney to Learn More Today
You can speak with the Birth Injury Lawyers Group today about your potential medical malpractice case. We can answer any questions you may have about our attorneys or how these types of cases work in your state during your free consultation. Our lawyers work based on contingency.
A team member is available to discuss your child’s umbilical cord birth injuries. You can reach us today by calling (800) 222-9529.
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