Understanding Birth Injuries – Do You Have a Case?
The birth of a child should be a joyful experience, but complications during pregnancy, labor, delivery, or shortly after birth can sometimes result in serious injuries to the newborn. Birth injuries are not always the result of medical negligence. However, some may be the result of preventable errors. If your child suffered an injury during birth, it’s only natural to wonder if that injury was avoidable. Understanding how birth injury claims work can help you determine when it may be time to speak with an experienced Dallas birth injury attorney.
What Type of Legal Case Is a Birth Injury Case?
A birth injury claim is generally a form of medical malpractice, which falls under personal injury law. Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care and that failure causes injury.
A difficult delivery or unexpected medical outcome does not automatically mean malpractice occurred. The specific facts and medical evidence must be evaluated.
What Are Common Birth Injuries?
Birth injuries can range from temporary conditions to permanent disabilities. Example of common birth injuries which may result from medical negligence include::
- Brain injuries caused by oxygen deprivation / hypoxia
- Breech birth complications
- Cerebral palsy
- Brachial plexus or other nerve injuries
- Fractures
- Spinal cord injuries
- Seizures
- Developmental or cognitive impairments
- Injuries associated with improper use of forceps or vacuum devices
What Does Medical Negligence Look Like When it Comes to Birth Injuries?
Medical negligence may occur when a healthcare provider fails to recognize a serious problem or does not respond appropriately.
Potential examples include:
- Failing to recognize signs of fetal distress
- Delaying an emergency C-section or other necessary intervention
- Failing to properly monitor the mother or baby
- Improperly using delivery instruments
- Failing to respond appropriately to complications
- Administering the wrong medication or dosage
These circumstances do not automatically establish negligence. Every mother, child, and birth are different. Instead, medical malpractice seeks to determine whether the provider’s actions fell below the applicable standard of care and whether those actions caused the injury.
How Do Birth Injury Cases Work?
Birth injury cases are among the most complex of medical malpractice cases. Very generally, a claim requires evidence showing:
- The standard of care: What should a similarly qualified healthcare professional have done under the same circumstances?
- A breach of that standard: What did the provider do, or not do, that puts their level of care below the standard?
- Causation: Did that failure cause or contribute to the child’s injury?
- Damages: What medical, financial, physical, or emotional consequences resulted?
Medical records, fetal monitoring records, delivery notes, medical bills, and other documentation can be important evidence. Qualified medical experts may also be needed to establish the appropriate standard of care and explain how a provider’s actions caused the injury.
Because medical malpractice claims can involve complex evidence and specific legal requirements, having a lawyer experience with complex medical malpractice and birth injury cases will be essential.
Speak to a Medical Malpractice Attorney
Every birth injury case is different and will proceed on the facts of your case. Reynolds & Reynolds Law Firm is based in Frisco, TX and has experience handling medical malpractice cases throughout the Dallas-Fort Worth area. If you believe your child’s injury may have resulted from medical negligence, contacting an attorney can help you understand your rights and potential legal options.
Contact Reynolds & Reynolds Law Firm today.
This article is for general informational purposes and is not legal advice. Every birth injury case is different.