Welcoming a new baby into this world is perhaps the greatest joy for all parents. And while most healthy, pregnant women deliver normal and healthy babies with little or no complications during the process. Sometimes, childbirth doesn’t go as smoothly and leads to a birth injury. While some birth injuries are unavoidable, others are a result of medical negligence and malpractice.
In this post, we look at some of the common birth injuries caused by negligent hospitals. As well as, the damage they can cause to the infant and the mother.
Medical Negligence that Leads to Common Birth Injuries
Medical negligence, also known as medical malpractice. Occurs when the medical professionals are unable to offer the medical care that the patient needs under their professional duties. When medical practitioners fail to provide that level of care their patients need. Or their fellow medical professionals would provide under similar situations. This can lead to several complications, including birth injuries.
During childbirth, an obstetrician and the entire team, including the supporting staff and nurses, should follow the appropriate medical protocols that any other practicing obstetrician would perform in a similar situation. If the obstetrician and their team fail to offer adequate medical care, it can lead to injuries. These injuries are often serious and have permanent consequences.
If medical negligence or malpractice results in an injury, the patient and their family can get help. A birth injury lawyer can help review and consider the negligence. They can identify the hospital, the staff, employees, and the pharmaceutical company involved in the resulting birth injury. making sure they share the responsibility of the birth injury case.
Types of Injuries
While there can be several birth injuries that are a result of medical malpractice, some of the common birth injuries for the newborn include
- Oxygen deprivation can lead to permanent damage to the brain,
- Fracture of the skull or brain hemorrhage due to inappropriate instrument use during delivery such as vacuum or
- Partial paralysis, including facial paralysis,
- Swelling of the head due to prolonged labor,
- Trauma during delivery that can lead to loss of feeling or movement in the hand, arm, or shoulder or fetal stroke,
- Damage to the spinal cord during delivery,
- Collection of blood under the scalp,
- Cerebral palsy, and
- Bone fractures.
Apart from the birth injuries that can be caused due to medical negligence, medical malpractice can also result in complicated pregnancy or delivery situations such as.
- Abnormal bleeding during delivery,
- Prolonged labor that can lead to fetal death,
- Placental abruption, and
- Oxygen deprivation for the mother following the delivery.
Hospital and Staff
While the obstetrician is the primary medical professional dealing with the delivery process. Other hospital staff, including nurses and other medical personnel, also play an integral role in the process. Hence the medical malpractice of all staff members can lead to birth injuries. For both the mother and the newborn child. Therefore, if they find negligent actions of any members involved in the process before, during, or right after the delivery. Then they can hold them responsible for any birth injuries. Caused to the mother or the newborn.
Medical facilities, including hospitals, have an additional duty. To hire medical professionals who can ensure top-quality service and necessary care to the patients. Moreover, they should only hire medical professionals with appropriate education, training, and expertise. This helps provide the right medical care. Since all medical procedures, including childbirth, are complicated and intricate processes.
Birth Injuries and Damages
These injuries can happen before, during, or after the delivery process and lead to permanent damage for the infant and the family. If birth injuries result from medical negligence, the medical professional needs to face the legal consequences of their actions. The court may order the negligent hospital staff or medical professional to compensate the infant’s family for the damages they have experienced. Some of the damages for which the compensation may be claimed include
- Medical expenses for the process and the need for medical expenses for any future treatment that may be required to improve the resulting birth injury.
- Pain and suffering inflicted to the infant or mother,
- Disability resulting from medical negligence,
- Loss of future earnings due to injury, and
- Permanent disfigurement.
While most people assume that the obstetrician is the only person they should hold accountable for any birth injuries. They should not forget that the delivery process requires the entire team. And the negligence of any team member can lead to birth injuries. Hence, any negligent member of the hospital or medical team responsible for the delivery has accountability. For birth injuries that affect the newborn or the mother.
Birth Injuries Caused by Negligent Hospitals – Know What to Expect
When a woman is pregnant, the joy of welcoming a new baby into this world is beyond words. But that said, childbirth is an intricate process that can also be complicated. And since childbirth is never without risk, it is reasonable for expecting parents to expect that the medical professionals dealing with your childbirth case are equipped enough to handle any potential complication that may arise during the process.
However, a birth injury, particularly the one that’s a result of medical negligence, can turn a joyful experience into a tragedy with permanent damage to both the infant and the mother. In that case, you must seek the help and services of an experienced birth injury lawyer immediately. While it is a difficult situation, it’s in your family’s best interest to act promptly. Your birth injury lawyer will then begin collecting evidence from the medical facility and interviewing team members of the medical team working with you during delivery. Moreover, your birth injury lawyer will also consult with medical experts and identify the person at fault in your birth injury case.
Learn more about personal injury law here.