The birth process can be unpredictable, but the process should ideally be made as smooth as possible by the medical professionals we trust. Unfortunately, mothers and babies alike routinely suffer from preventable birth injuries and conditions because of negligence on the part of nurses and doctors. If you have suffered an injury during one of the most special moments of your life, you may be entitled to significant compensation. Today, we will talk about the process of forming a personal injury lawsuit on your or your child’s behalf.
Common Birth Injuries
While not ideal, minor injuries that heal on their own are part and parcel of giving birth. When we talk about birth injuries, we are often talking about severe and possibly life-threatening injuries sustained by a child due to negligence or malpractice. Obviously, a child suffering from a congenital disability, disease, or another ailment could have developed these problems naturally, and birth injury lawsuits only involve preventable injuries and medical malpractice.
A large majority of birth injuries involve the brain and head. During childbirth, immense pressure can be put on the head of the child, and this pressure only continues to grow if the labor is delayed. Because every mother and situation is different, healthcare professionals are trained to locate potential problems beforehand and plan accordingly. This may mean a C-section is required or different tools and methods must be employed. Regardless, when healthcare professionals miss these signs and proceed with the birthing process as if it is standard, your baby can be put in danger.
Brain hemorrhages or hematomas are likely to cause further health issues down the line. Seizures, nerve damage, and fractures are all possible.
Negligence of Doctors and Nurses
Because of the seriousness of many illnesses that stem from birthing injuries, healthcare professionals must undergo extensive training to minimize harm as much as possible. A baby can endure bruising and even specific head trauma without long-term damage, but the long-term issues stemming from birthing trauma are often expensive and life-altering. Depending on the severity of your child’s injury, they may need life-long care. Full-time caregiving is very costly, as are the various medication, prosthetics, therapies, and adaptive technologies.
As we mentioned earlier, most birthing issues occur because proper planning and decision-making were not conducted. In rarer cases, it can be shown that a nurse or doctor made an easily preventable mistake during the birthing process itself, but this is the less common scenario. For example, babies born prematurely are more prone to injuries than fully developed babies. Their bones and skin are more fragile, and techniques for birthing that would otherwise be safe for a full-term baby can be exceedingly dangerous for a premature one. While the people assisting you during your birthing process are unlikely to completely ignore the extenuating circumstances surrounding your child, the sad truth is that there are many scenarios where proper procedures are not followed, and your child is harmed by someone either too busy or too stressed to do the job correctly. Other factors that your doctor should take into consideration when discussing your pregnancy are the size of the baby, the shape of the child and mother, and the position of your child within the womb. These are all critical factors that considerably change which procedures are safe and which can cause injury to your child.
At Probinsky & Cole, we can assist you in getting what you need to help your child if medical malpractice has occurred. We have an in-depth understanding of personal injury law, and our aggressive Orlando, Sarasota, and Brandon attorneys will work with you to hold negligent parties accountable when their errors lead to your loss.
