So many individuals want to start a family, and fortunately, science has given us more alternatives than ever before to do so. While we may document every ultrasound, each belly expansion, and every milestone in pregnancy, we do so in anticipation of the birth of our child and the miraculous arrival of our new family member. Unfortunately, not all pregnancies and childbirth go as planned. Some deviate from a meticulously planned birth plan, and others get into really risky areas. If the unexpected happens and your child is injured during birth, you may be wondering what you can do if your child was born in a hospital.
Different Kinds of Birth Injuries
Birth injuries are typically physical in nature and occur during a child's birth. Not every birth injury is avoidable, but many of them are. Unfortunately, there are numerous sorts of injuries that can occur during pregnancy and childbirth; nevertheless, the following are the most common types of birth injuries:
Injuries caused by forceps or vacuum suction
If a baby gets stuck during childbirth, a doctor may use forceps and/or a vacuum to help with the birth. Injuries can occur if the devices are used improperly or under the wrong circumstances.
Injuries to the head and/or brain
A baby who suffers a head or brain injury may need lifelong medical care and will never be able to function normally again.
Clavicle or collarbone fracture
The most common birth injury caused by medical malpractice is a broken clavicle. These injuries are more common when the baby's shoulders become trapped behind the mother's pelvis, a condition known as shoulder dystocia.
Injury to the facial nerve
When the facial nerves of a baby are damaged during birth, it is called Bell's palsy. It is usually caused by rough handling by doctors, the use of forceps, or other forms of medical negligence. While many children regain control of their facial movements, some are permanently impaired.
Cerebral palsy
Cerebral palsy affects a child's muscle control and is often accompanied by delays in speech and other developmental milestones. There is no cure for this disease.
Oxygen deficiency
When a baby does not receive enough oxygen, it is called hypoxia. The extent of subsequent damage depends on how long the baby's brain was deprived of oxygen. A hypoxic episode during labor is extremely dangerous and can lead to death.
Injury to the spinal cord
A difficult birth can injure the baby's spinal cord, which can have fatal consequences such as loss of mobility of a limb or even paralysis.
Erb's palsy
Paralysis of the arm, shoulder, or hand is caused by an injury to the brachial plexus during birth.
What Constitutes Childbirth Medical Malpractice?
Birth injury claims, while falling under medical malpractice, are treated differently in many respects. Because the injured plaintiff is a minor, he or she is not subject to the standard limitations for personal injury lawsuits - he or she has until age 18 plus two years to file a lawsuit related to his or her birth injury. Waiting that long has serious consequences. There is the possibility that evidence such as hospital records, medical bills, and medical staff records will be lost or destroyed, not to mention the inability to have the baby examined by an expert at the exact time of the injury.
Not only is there a longer statute of limitations within which an injured child can file a lawsuit, but birth injury lawsuits are not subject to the maximums that apply to other types of medical negligence cases. This means that if properly handled by an experienced Child Injury attorney in New York, a hospital birth injury can cover your child's medical and other needs for life, regardless of the severity of the malpractice or resulting injury.
Doctors, nurses, and other medical professionals are all human and make mistakes, but what exactly is considered malpractice in birth injuries? A plaintiff must prove four criteria to hold a negligent person liable for birth injury damages:
Duty
The plaintiff must show that the person or parties who caused the injury to the child owe the child a legal duty of care. A person who provides medical services in a hospital owes a duty of care to his or her patients to provide medical services of the same quality as a reasonable provider in a similar situation.
Breach
If your medical provider's care did not meet the legal standard, it means he breached his duty of care to the patient. A medical professional breaches his or her duty when he or she acts or fails to act in a way that a reasonable or prudent person in the same situation would not have acted.
Cause
The medical provider's breach of the legal duty of care must have been the actual cause of the birth injury. Causation is the link between the defendant's breach of the duty of care and your child's injuries and is often proven through expert testimony.
Harm
Doctors can make mistakes, but those mistakes must cause harm to be actionable. Physical injuries, pain and suffering, lifelong medical treatment, medical expenses, and other economic losses are all examples of birth injury damages.
Hiring a Personal Injury Attorney
If your child was born with a serious birth injury as a consequence of a delivery room or other hospital error, Your-personal injury lawyer will fight for you, your child, and your family's justice. For a free consultation, please contact our Child Injury attorney New York at 646-666-1568 or email us for answers to your questions and an attorney's opinion on your matter.
