Birth injuries are very common. Some of these types of injuries are minor and temporary, but some types of injuries can be serious and permanent. Birth injury medical malpractice law is a specialized type of law that will help you get compensation in the event that your health care provider has caused serious injuries to your child during the childbirth.
According to Nolo.com, when you are planning to file a medical malpractice case, you should first contact a lawyer that specializes in this field. It is a very technical branch of malpractice, and an experienced lawyer will be most helpful in getting you appropriate compensation.
What Are Serious Child Birth Injuries?
In the most unfortunate cases, babies may suffer nerve damage or brain damage because of the negligence of the doctor performing the delivery. These are often the types of cases that necessitate filing a malpractice claim or possibly settling out of court.
Some possible examples of malpractice include:
• Not Correctly Monitoring the Baby’s Oxygen Before, During, and After the Delivery
• Twisting or Compression of the Umbilical Cord
• Delivering a Baby Prematurely
• Brachial Palsy Injuries to the Baby’s Shoulders During Delivery
• Facial Paralysis Caused by Pressure on the Baby’s Face During Delivery
Of course for all of these injuries, your attorney will need to demonstrate negligence. Deliveries can sometimes be very difficult, and sometimes these injuries occur even when the doctor exercises a reasonable amount of care. Unless there is evidence that your doctor acted negligently, and was unreasonably careless, you will not be awarded compensation.
When you file a birth injury lawsuit, you will likely sue for economic and non-economic damages. For example, if your child suffered serious brain damage, your economic damages could include additional medical expenses as well as the costs of developmental therapy. Non-economic damages would include the loss of enjoyment of life and the psychological damage caused by being mentally disabled.
What About Other Birth Injuries?
During a delivery, there are several other types of injuries and bruising that can occur. Most of these injuries are only temporary and do not require additional medical treatment, so they are normally not appropriate for filing a malpractice suit.
According to ExpertLaw.com, some of these types of injuries include:
• Bruising and Forceps Marks
• Subconjuctival Hemorrhage, or Red Bands Around the Baby’s Eyes
• Caput Succedaneum, or Swelling of the Scalp
• Cephalohematoma, or Minor Bleeding Between Bone and Fibrous Covering
These types of injuries are usually minor in nature, and the injury and its effects will normally disappear in a few days. Of course, there are rare situations where these injuries become more serious or longer lasting, so always consult your doctor if an injury persists. If one of these injuries is unusually persistent or serious, consult your lawyer and a medical professional to see if medical malpractice possibly occurred.
Our attorneys at Bighorn Law understand how important the health and well-being of your child is. If your child did suffer a serious injury, please contact us right away. We are committed to helping your family get the justice it deserves.