Filing A Claim For Child Birth Injuries

Filing A Claim For Child Birth Injuries

When an infant is injured during birth, a lot of nasty things can occur. For one, the infant’s brain can be damaged either during labor or delivery. When a woman has prolonged labor, this may pose a great risk to the infant. Oxygen deprivation is another issue that is extremely risky to the infant. If this happens, a baby may develop conditions such as cerebral palsy that may negatively affect the infant’s life. It’s the duty of the doctor or the nurses to monitor the mother if the labor is taking an unusually long time. They should also ensure the fetal heart rate is normal and also check for any danger signs to the mother. In such cases, there are steps the professional doctors can take to speed up the delivery, and ensure there is minimal or no effects that may pose danger to the infant. If this doesn’t happen and the infant is injured, the parents may file a lawsuit.

What Are The Most Common Types Of Birth Injuries To The Baby

There are various kinds of birth injuries; some are temporary, whereas others are permanent. Again, every infant is different, so is the injuries suffered. For instance, one infant may not show any symptoms for a certain injury whereas the other may be significantly affected by the same injury. Meaning, the severity of signs developed by an infant varies considerably due to individual circumstances or how the injury came about. This depicts that there may arise a genetic issue. Some states allow for lawsuit actions to be taken against genetic malpractice claims. To understand this better, one should contact best Anchorage law firms. Below are some of the birth injuries to the infant:

  • Cerebral palsy:Several clinical possibilities show that if a woman is in labor for a long time, the infant may develop cerebral palsy. Sometimes the doctors use devices such as vacuum extractor which may cause damage to the baby’s skull.
  • Birth asphyxia:This condition can also result from prolonged labor. If a baby gets stuck on the pelvis, this may lead to fatal injuries as the baby may shock itself with the umbilical cord
  • Hypoxic ischemic encephalopathy:This occurs when an infant’s brain does not receive enough oxygen and blood. The damage may also extend to other parts of the body. The effects of this condition may include epilepsy or other delayed cognitive issues.

The above birth injuries resulting from common errors made by medical staff or hospital may even lead to a loss of life of the infant. But with the right care from professional doctors, such cases should not happen. That’s why parents are encouraged to sue such kinds of cases to ensure they get compensated for these injuries.

Seeking Compensation

 Lack of standard care during birth can cause harm to the infant and the mother. In most cases, this may lead to a physical or mental disability. The parents will also suffer from emotional injury every time they think of their baby’s injuries. Therefore, one should claim compensation either through a settlement or a trial. However, to get compensated, you should prove the below with the help of your lawyer:

  • That the doctor failed to anticipate birth complication either due to the size of the baby or the umbilical cord tangled.
  • There was incompetent use of devices that were used to assist the mother during delivery which may have caused harm to the infant.
  • The doctor failed to detect prolonged labor and thus could have ordered a caesarean section if it was necessary.
  • There was a failure to detect the fetus was in distress due to reduced heartbeat rate or lack of oxygen

If a parent can prove that injuries occurred when the medical professional failed to act is a standard duty of care, this may lead to a successful lawsuit. However, the doctor is not only the party to be liable, but also the hospital or any other medical staff who failed to use reasonable care, and hence caused the injuries to the infant. Filing a successful birth-related medical malpractice lawsuit is possible with the help of a qualified lawyer who has handled birth injury cases. But you should ensure to act as a soon as possible; waiting may weaken your case. With this, you stand an excellent chance to prove that the above negligence happened, and as a result, your baby suffered injuries. When seeking compensation, make sure to keep tracts of every detailed record relating to the expenses incurred during the birth process.

Getting Help With Your Medical Malpractice Case

If your infant is facing any injuries you believe to have stemmed from how your doctor handled you, it would help to have a lawyer review the events that occurred and determine whether there is evidence to amount to a lawsuit. Nevertheless, there must be accurate medical facts to show the injuries suffered were a result of negligence during the birth process. The parent may receive general and special damages if the lawsuit is successful. For the general damages, they may get awarded for emotional distress, loss of life enjoyment, or physical and mental suffering.  Equally, for the special damages, they may receive compensation for monetary losses. One of the most complex areas in law is dealing with birth-related injuries. This is because one deals with a new life. To get the best defense for your case, you may consider hiring a personal injury lawyer to help you understand what it takes to win such cases. Seeking justice for your child will also ensure other infants are free from being harmed by negligence medical personnel.

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