You Local Birth Injury Attorney
While many people associate the term medical malpractice with botched surgeries or misdiagnosis, the reality is that some of the most devastating negligence-related injuries are sustained by children, either during pregnancy or delivery. Unfortunately, many birth injuries leave those affected with permanent disabilities, lifelong medical expenses, and in some tragic cases, can even result in the death of the child or his or her mother. Negligent healthcare providers who cause birth injuries can and should be held liable for their carelessness, so if your loved one recently sustained a preventable birth injury, you should consult with an experienced birth injury lawyer who can help you seek compensation for your losses.
What are Birth Injuries?
Birth injuries are health problems that a child is born with, but that could have been prevented if the doctor, nurse, or medical institution who was overseeing the pregnancy of the child’s mother had used the proper level of care. The duration of birth injury symptoms depends on a wide range of factors, including the specific type of injury in question. This means that some symptoms are only temporary, lasting anywhere from a few weeks to a few months, while others are permanent and result in lifelong disability. The most commonly diagnosed birth injuries are:
- Brachial Plexus, which occurs when a child’s upper arm is injured during childbirth and results in weakness in the arm and the inability to use certain muscles;
- Cerebral Palsy, which affects a child’s mobility and balance and has been definitively linked to infant stroke, oxygen deprivation during childbirth, and maternal infections during pregnancy;
- Meconium Aspiration Syndrome, which can cause breathing problems in newborn children and is often the result of excessive stress being placed on an infant during delivery; and
- Persistent Pulmonary Hypertension of the Newborn (PPHN), which involves the interruption of an infant’s circulation leading to an inability to breathe and has been linked to the ingestion of certain medications by a mother during pregnancy, untreated infections, and the performance of unnecessary cesarean sections.
These birth injuries are often preventable and in some cases, the result of a failure to properly monitor a mother and infant during pregnancy, such as:
- Misreading the results of or failing to order specialized tests during pregnancy;
- Prescribing the wrong type or amount of medication to a woman during pregnancy;
- Misdiagnosing or failing to diagnose a pregnant patient with anemia, infections, diabetes, preeclampsia, or placental abruption; and
- Improperly monitoring a fetus during pregnancy.
Some birth injuries, on the other hand, are the result of a mistake made during the delivery itself. The most common examples of this type of negligence include:
- A failure to recognize signs of fetal distress during delivery;
- A mismanaged labor;
- A failure to properly monitor a woman or an infant during delivery;
- A failure to perform an emergency cesarean section;
- The use of improper birthing assistance tools or methods during delivery;
- A failure to prepare for or respond to an infant’s lack of oxygen; and
- A failure to properly respond to severe dehydration at the time of birth.
This type of negligent conduct represents a deviation from the prevailing professional standards of child delivery and prenatal care, for which the responsible party can be held liable. This could include the physician in charge of delivery, as well as a nurse, midwife, or even the healthcare facility itself.
Noakes can handle your unique case.
Plaintiffs who can demonstrate that a healthcare provider’s failure to abide by the accepted standard of care caused their child to suffer a birth injury could be entitled to compensation for related medical expenses. This can prove especially important in situations where a doctor’s mistake resulted in permanent disability, as the child may require specialized care for years to come, including:
- 24 hour nursing care;
- Prescription medications;
- Specialized therapies;
- Medical equipment; and
- Adapted housing and vehicles.
Women who suffered side effects as a result of mismanaged pregnancy or labor may also be entitled to compensation for their own medical bills, lost wages, and pain and suffering. A patient who suffered severe blood loss due to a physician’s failure to control hemorrhaging, for instance, could be eligible for a damages award, as could a woman whose pregnancy was terminated due to a medical error.
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Noakes can handle your birth injury case.
Set Up a Free Case Review with an Experienced Florida Birth Injury Lawyer
If you have questions about your own legal options following your child’s birth injury diagnosis, please call the Noakes Law Group at 561-301-6999 and a member of our team will help you schedule an initial case review with one of our dedicated birth injury attorneys.
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