In the journey of bringing a new life into the world, expecting parents place their utmost faith and trust in the hands of medical professionals. However, certain instances occur when this sacred trust is breached, resulting in a birth injury.
A birth injury, as opposed to a birth defect – a condition that occurs while the fetus is developing – is an injury that happens to the infant during labor or delivery. As we dive into this sensitive topic, we’ll explore the circumstances under which an injury is considered a birth injury and discuss the implications of birth injury medical malpractice and negligence.
What Is a Birth Injury?
A birth injury is an injury that happens to the infant during labor or delivery. While some of these injuries heal with time, others can cause lifelong complications and severe disabilities in children. They can significantly reduce the quality of life for both the mother and her child. Therefore, it’s important to understand when an injury is considered a birth injury.
Generally speaking, birth injury medical malpractice can manifest in a number of ways. Some common birth injury medical negligence cases involve a physician’s failure to order the necessary tests, treat maternal or fetal conditions, identify potential risks or take appropriate safety precautions during labor and delivery.
Additionally, birth injuries can result from a doctor or medical staff’s failure to recognize and respond quickly to signs of distress during delivery, using excessive force or improper positioning during delivery, administering the wrong type of medication or even misdiagnosing a condition.
What’s the Difference Between a Birth Injury and a Birth Defect?
Birth injuries and birth defects are not the same. A birth defect refers to an anomaly or disorder that is present at birth and can be attributed to genetic or environmental factors. These conditions arise due to a combination of various influences during pregnancy, leading to deviations from the typical development process.
On the other hand, a birth injury is an unfortunate occurrence that happens during the labor and delivery process. These injuries typically arise due to medical negligence, which refers to the failure or improper action of healthcare professionals involved in the birthing process. The consequences of such negligence can have long-lasting effects on both the newborn and their family, highlighting the importance of providing proper care and attention during this critical period.
When Is an Injury Considered a Birth Injury?
It is important to note that not every injury or complication that occurs during labor and delivery can be considered medical malpractice. In most cases, it should only be considered a birth injury if it can be established that the injury was caused by improper care or negligence on the part of the physician.
When determining whether an injury is considered a birth injury, medical professionals must assess the pain and suffering endured by both the concerned mother and her child. It is also important to consider the impact that this injury has on their quality of life, including physical, mental and emotional effects.
In cases of birth injury medical negligence, it should be established that the injury was preventable and that the physician failed to adhere to established standards of care. If these criteria are met, then an injury can be considered a birth injury.
Implications of Birth Injury Medical Malpractice & Negligence
When medical staff fail to adhere to established standards of care and cause harm to an infant during labor and delivery, they should be held accountable for their negligence or malpractice. This is because birth injuries can have long-lasting implications for both mother and child. Parents who experience birth injury medical negligence may be able to seek compensation for medical bills, pain and suffering, lost wages and more.
It is important to note that taking legal action in cases of birth injury medical malpractice can be complex. Therefore, it’s best to consult with an experienced attorney who understands the state laws and regulations governing these situations. With their help, you may be able to get the justice and compensation you deserve.
If your child has been injured due to medical negligence during labor and delivery, it’s essential that you seek legal advice in order to understand your rights and seek compensation. With the right legal representation, you can ensure that justice is served and help to prevent similar cases of birth injury medical negligence in the future.
At Join Class Actions and Siri & Glimstad LLP, we specialize in assisting clients who have been injured due to medical malpractice. If you have any questions, reach out to Jen Malainy now by filling out this form:
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Jen Malainy has extensive medical and legal education and experience and has worked within the world-renowned hospital, Cleveland Clinic Foundation (CCF). She is available 24/7 at 440-381-0338.