Who you can sue for an umbilical cord birth injury will depend on the facts of your child’s case. Who you can sue largely centers around who acted negligently, causing the umbilical cord birth injury or who failed to prevent lasting damage to your child. Working with a birth injury attorney will help you determine how each party was involved in your child’s injury and assign liability.
Some of the possible liable parties in an umbilical cord birth injury case include:
- The doctor tasked with monitoring the mother and baby during pregnancy
- The doctor overseeing the labor and delivery of the baby
- The clinic or medical practice of the doctors involved
- Other medical care professionals involved
- The hospital where the injury took place
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How to Identify Liable Parties in a Birth Injury Case
Identifying the liable parties in a medical malpractice case is imperative to recover compensation and get justice for your child. To win this type of case, you will need to know who acted negligently and how this occurred.
To do this, your lawyer will call in a qualified medical expert to review your child’s medical records and other evidence. They will examine the role of each medical professional who provided care to your child to determine what went wrong, when the team deviated from an acceptable duty of care, and who was involved.
While most cases require a medical expert to determine liability and negligence, most states also require expert input as a part of filing a claim or before you can go to trial.
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How Medical Professionals Commit Malpractice
Who you can sue for an umbilical cord birth injury will depend on what caused the injury or what actions failed to catch the possibility of a birth injury. As a part of reviewing your child’s records, the medical expert or experts in your case will determine if negligence occurred and how it occurred.
This could include:
- Failure to diagnose
- Failure to monitor
- Failure to act
Issues related to diagnosis are common, especially when there is a sudden condition that occurs. According to the National Institutes of Health’s StatPearls, these are the top causes of medical malpractice claims involving emergencies. In an umbilical cord birth injury, this could include:
- Failure to diagnose the risk of an injury or an injury occurring
- Delayed diagnosis of a problem
- Incorrect diagnosis of the issue
All of these mistakes could lead to delayed action to address the umbilical cord issue. This, in turn, causes preventable, lasting injuries to the brain and other organs.
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When Umbilical Cord Accidents Support Birth Injury Claims
Many umbilical cord issues can occur because of medical negligence or are treatable when caught early enough. These conditions could support a birth injury medical negligence claim. This includes:
- Cord compression
- Cord prolapse
- Nuchal cord
- True knot
- Vasa previa
When these conditions are not appropriately addressed as soon as possible, they can lead to long-term or permanent conditions that cause the child ongoing challenges, diminished quality of life, and preventable pain and suffering. This could include:
- Cerebral palsy
- Vision loss
- Hearing loss
- Behavioral delays
- Cognitive disabilities
- Organ damage
One of the most common conditions related to umbilical cord injuries and other birth injuries that cause asphyxia is epilepsy. According to the Centers for Disease Control and Prevention (CDC), there are around 3.4 million people in the United States living with active seizure disorders.
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Developing an Umbilical Cord Birth Injury Case
An umbilical cord birth injury lawyer can help you navigate the claims process to hold the doctor or hospital accountable after your child’s diagnosis. The umbilical cord birth injury lawyer will help you identify the liable parties and prove your case, including calling in medical experts to testify.
Your family may be able to seek and recover financial compensation for your child’s medical treatment and care needs, including your child’s future care. There are also other recoverable damages, including pain and suffering damages.
Wrongful death damages may be available if your child passed away due to an umbilical cord accident. This is actually a common cause of infant death. According to BMC Pregnancy and Childbirth, around one in ten stillbirths result from this type of neonatal injury.
Get Help from the Birth Injury Lawyers Group Today
If you believe you may have a medical malpractice claim based on your child’s umbilical cord birth injury, the Birth Injury Lawyers Group is here to help. We will provide a free case review and help you understand your rights. Your child’s injuries and lasting challenges may support a legal claim, allowing you to hold the negligent doctor or hospital responsible and recover compensation.
You can speak to a team member today by calling (800) 222-9529. These consultations are free, and our attorneys represent families like yours based on contingency.
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