The Cerebral Palsy Guide classifies birth-related complications as the primary cause of 20% of the 20,000 infant deaths that occur annually in the U.S. In cases of severe birth asphyxia, 25% of babies may die as a result of inadequate oxygen.
A family should feel happy when a baby is born. Unfortunately, some things can go wrong during labor or delivery and the baby can get harmed.
There are some birth injuries that occur spontaneously and are uncontrollable. Meanwhile, other birth injuries result from errors made by doctors, nurses, or other medical personnel. It could be considered medical misconduct if such an event happens.
If you’re having these issues, a maternity medical malpractice lawyer can help you hold someone accountable and get the care you need. Let’s talk about some of the things you need to do to address birth injury malpractice lawsuits the right way.
Common Types of Birth Injuries
Birth injuries are different based on how severe they are and the nature of the injury sustained. These injuries can happen to the baby or to the mother during delivery. One of the most common birth injuries is damage to the brachial plexus, which is made up of nerves in the shoulder. This injury can make the arm weak or unable to move during delivery.
A cephalohematoma is a buildup of blood between the baby’s head and periosteum. The blood may absorb itself on its own, but this can lead to problems. Fractures of the clavicle are common during difficult deliveries. Cerebral palsy can be sustained by a child when there is a lack of oxygen during delivery.
It is very important for parents to understand these kinds of injuries because they can help many improve within their lives. It can be quite beneficial to talk to other parents who have dealt with birth injuries while you are trying to care for and support a kid.
Understanding Medical Malpractice
Whenever a birth injury occurs, people do start questioning the medical care received during delivery. You start wondering whether the medical team acted according to acceptable standards.
Medical negligence occurs when the healthcare provider fails to comply with accepted standards and standards of care, resulting in injury or harm. You must understand that not all unfortunate outcomes could be regarded as malpractice.
It is really about whether the actions or lack thereof by the medical staff deviated from what a reasonable provider would have done in a similar circumstance. Such knowledge may guide you in controlling or almost preventing emotions from interfering with the legal aspects of your case.
There are particular legal deadlines for filing a medical malpractice claim, and these deadlines vary in each state. For example, under the Louisiana medical malpractice statute of limitations, a patient has to bring a claim for medical malpractice within one year of the alleged negligence or from the moment they found out about it. If you only found out about the malpractice later, you can never file more than three years after it happened.
When you can identify these factors, you feel a lot more empowered to work for your child’s justice and hold the liable parties accountable.
Establishing Negligence in Birth Injury Cases
Negligence is an important factor in birth injury cases, as it entails the failure of medical personnel to administer care according to the standards commonly accepted during delivery. To prove negligence, it must be shown that the doctor or staff of the hospital failed to act as a competent professional would have done in the same situation.
Evidence is procured in this case consisting of medical records, witness statements, and expert opinions. You will have to show that the actions or inactions of the medical staff caused actual injuries to your child.
Getting together with others who have experienced the same thing gives you support and guidance while walking through the claims process for justice after your child’s birth injury.
The Legal Process for Pursuing a Malpractice Claim
Filing a claim for malpractice might feel intimidating, but grasping the important steps of the legal procedure gives you some relief in working through the process. First, you gather the medical records and evidence supporting your case.
An attorney could give you a consultation relevant to your circumstances. Your attorney will then help you file a complaint and may recommend attempting mediation first. If mediation does not yield results, your case will then go to litigation prepared by your attorney.
You must show that negligence took place and that it caused the injury sustained by your child. You can obtain statements from industry experts who usually serve as witnesses to the case. Remaining organized and sharing honestly with your attorney throughout the entire ordeal works wonders.
Seeking Support and Resources for Affected Families
Dealing with the aftermath of a birth injury can make you feel helpless and isolated. Joining a support group can bring healing through shared stories of their experience.
The Brain Injury Association and local parent groups are able to give you resources and relationships for support. A person who has experienced birth injuries can share their stories with others in online forums. At times, the forum becomes a place where other fellow victims of birth injuries can share their experiences.
Therapists trained in trauma and family dynamics will be able to clear up any doubts relating to what had been experienced. These are effectively trained individuals capable of helping you manage and overcome issues associated with birth injuries. Seeking therapy is a brave step. Keep in mind that asking for help from others does not correlate with weakness.