One of the most joyful and unforgettable occasions for parents is the birth of a child. However, when something goes wrong during the delivery process, it can be devastating for both the child and the family. Birth injuries can result in lifelong medical conditions, disabilities, and even death. In some cases, medical malpractice may be to blame for the injury. If you suspect that your child’s birth injury was caused by medical malpractice, it’s essential to understand your legal rights and options.
What is Birth Injury Medical Malpractice?
Birth injury medical malpractice occurs when a healthcare provider fails to meet the standard of care during the delivery process, harming the mother or the baby. The standard of care refers to the level of care that a reasonable healthcare provider would provide under similar circumstances. Medical malpractice occurs in a variety of ways, including:
- Failure to monitor fetal distress
- Delay in ordering a C-section
- Improper use of delivery tools
- Failure to respond to changes in the mother’s condition
- Failure to diagnose and treat maternal infections
If medical malpractice is the cause of your child’s birth injury, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Not all birth defects or injuries are preventable, but many can be caught during prenatal care or delivery.
Types of Birth Injuries:
Birth injuries can range from minor bruising to traumatic brain injuries (TBIs). Some of the most common types of birth injuries include:
A neurological disorder, cerebral palsy affects muscle coordination and movement. It is caused by harm to the child’s brain that occurs just before, during, or after birth. As a result, children with cerebral palsy may have difficulty walking, talking, and performing other everyday activities.
The nerves in the arm and shoulder are impacted by Erb’s palsy. It results from injury to the brachial plexus during delivery. Children with Erb’s Palsy could have restricted arm movement.
The nerves in the hand and forearm are affected by the condition known as Klumpke’s palsy. Damage to the brachial plexus during delivery is the reason behind it. Klumpke’s palsy can make it difficult for children to move their fingers or grasp things.
Shoulder Dystocia occurs when the baby’s shoulder gets stuck during delivery. It can cause nerve damage, bone fractures, and other injuries.
Hypoxic-Ischemic Encephalopathy (HIE):
Hypoxic-Ischemic Encephalopathy (HIE) is a brain injury caused by a lack of oxygen to the brain. It can occur during delivery if the baby’s oxygen supply is compromised
Legal Options for Families:
Legal options for families whose child has suffered a birth injury due to medical malpractice may vary depending on their case’s circumstances. However, families can generally file a medical malpractice lawsuit against the healthcare provider(s) responsible for the injury.
A medical malpractice lawsuit can help families recover compensation for the damages caused by the birth injury, such as medical expenses, future medical care, lost wages, and pain and suffering. The compensation amount may differ depending on the severity and impact of the injury on the child and family.
In addition to compensation for damages, families may also be entitled to punitive damages. Punitive damages are designed to punish the healthcare provider(s) for their negligence and deter them from engaging in similar behavior in the future.
Medical malpractice cases are challenging, expensive, and time-consuming. Working with a skilled birth injury lawyer is crucial so they can help you navigate the legal system and make sure you know all of your options and legal rights.
Chicago personal injury lawyers are well-versed in the legal process for medical malpractice claims. They’ll handle all the busy work so families can focus on each other and heal.
The attorney will investigate the case, gather evidence, and consult with medical experts to establish that the healthcare provider(s) failed to meet the standard of care, resulting in the birth injury. The lawyer will also negotiate with the healthcare provider’s insurance company to obtain a fair settlement or take the case to trial if necessary.
In some cases, families also have the option to file a complaint with the state medical board or licensing agency. These agencies investigate the healthcare provider’s conduct and take disciplinary action if necessary, such as revoking their license or imposing fines.
Healing from Medical Malpractice:
The healing process for families whose child has suffered a birth injury due to medical malpractice can be a long and challenging journey. Healing is a unique and individual process that may differ for each family.
The first step in the healing process is to seek medical treatment for the child’s injuries. This may include surgeries, therapies, and other medical interventions to help the child recover and manage their condition. If their mother was also injured, the same applies to her. Physical well-being is the priority— the next essential task is emotional well-being.
The family should seek emotional support, such as counseling or therapy, to help them cope with the emotional toll of the delivery, birth injury, and any lasting effects. You may also connect with other families who have gone through a similar experience. Support groups, online forums, and other resources can give families a sense of community and understanding and help them feel less alone.
Families should also prioritize self-care during the healing process. This may include taking time for themselves, practicing stress-reducing activities such as meditation or yoga, and seeking support from friends and loved ones.
Remember that healing is not a linear process and may involve setbacks and challenges. Prioritizing self-care and seeking support from others can help you and your family navigate this difficult time and find a path forward.
Although nothing can undo the harm caused by a birth injury, seeking justice and compensation can provide families with closure and a means to ensure their child receives the help they need. Families can find hope and build a brighter future for themselves and their children by taking the necessary steps to heal and seek justice.